You hit a parked car, backed into a mirror, or bumped another driver, and you left. Now you are replaying it and wondering what happens next. You are not alone.
This happens relatively often. It happens to people who have never been near the criminal justice system. If you act quickly and get competent counsel, these cases can often be fixed. In my experience, leaving the scene of property damage is a very different and much less serious matter than leaving the scene of a personal injury. It can often be managed.
What Leaving the Scene of Property Damage Means
It means driving away after you knowingly hit or damaged another vehicle or property without stopping to give your information. It is a misdemeanor.
The law is G.L. c. 90, § 24(2)(a). It reaches anyone who, “without stopping and making known his name, residence and the register number of his motor vehicle goes away after knowingly colliding with or otherwise causing injury to any other vehicle or property.” Put plainly, the statute has two parts:
- You went away without stopping and making known your name, residence, and the register number of your motor vehicle.
- That was after knowingly colliding with or otherwise causing injury to another vehicle or property.
The statute does not define “knowingly.” The penalty, which is the same for every offense listed in § 24(2)(a), is:
- A fine of not less than $20 nor more than $200,
- Imprisonment for not less than two weeks nor more than two years, or
- Both.
Separately, c. 90, § 26 requires a written report to the Registrar of Motor Vehicles within five days of an accident in which anyone is killed or injured, or in which there is damage in excess of $1,000 to any one vehicle or other property. A copy goes to the local police department.
How People Come to Me
People usually come to me in one of two situations, and the first step is different for each.
- Police have not contacted you yet. You were in an accident and you don't know what to do. This is the best time to retain an attorney, so we can talk through your next steps before any investigation reaches you.
- You have been identified as the driver. Police have questions for you, or you received a citation.
If police want to talk to you, get advice first. If you were handed or mailed a citation, read the next section right away.
The Citation: Sign It, Return It, and Watch the Four Days
A citation is the paper that starts the process, and there is a short deadline attached to it.
A citation is a notice on which a police officer records an automobile law violation (c. 90C, § 1). For a criminal violation, the officer can direct a written warning, make an arrest where c. 90, § 21 allows, or decide that an application for a criminal complaint should be filed. In the last case, the citation itself serves as the application for the complaint (c. 90C, § 3(B)). In my practice, with property damage, drivers are generally given a citation rather than arrested. For a related notice to appear, see Got a Criminal Summons in Massachusetts.
The citation tells you that “a violator accused of a misdemeanor, with no accompanying felony, will be granted a hearing before such complaint issues, as provided in section thirty-five A of chapter two hundred and eighteen, if the violator so requests in writing within four days of the violation to the clerk-magistrate of the district court for the judicial district where the offense occurred” (c. 90C, § 3(B)(2)).
Here is what many people don't realize:
- There is a place on the citation to sign it.
- It has to be returned to the courthouse that will prosecute the case.
- It has to be done within the four days the statute sets. In my experience, if you miss it, the chance at a hearing is gone.
I often drive the citation to the courthouse myself and get a stamped copy showing it was received. If you are handling it on your own, don't wait.
The Clerk Magistrate Hearing
The clerk magistrate hearing is a meeting before any criminal complaint issues, and it is the best chance to end the case early.
A clerk-magistrate is a district court official (c. 90C, § 1). A criminal complaint is the formal charge that starts the criminal case. In my experience, once the court accepts the citation, it sends a notice of the hearing weeks or even months later. This is not an arraignment. The statute puts the hearing “before such complaint issues.”
Under c. 218, § 35A, the person is “given an opportunity to be heard personally or by counsel in opposition to the issuance of any process.” The court “may upon consideration of the evidence, obtained by hearing or otherwise, cause process to be issued unless there is no probable cause to believe that the person who is the object of the complaint has committed the offense charged.” Probable cause means a reasonable basis to believe you committed the offense.
In my experience, magistrates are open-minded. They generally look at two questions:
- Is probable cause established? If it isn't, whether because of identity or because of a defense, the case closes.
- If there is probable cause, will they go forward anyway? A magistrate may find probable cause and still decide not to proceed. In my experience, when that happens, the charge never becomes part of your criminal record.
Many people do well at these hearings. There is no guarantee. Before the hearing, I get the police report so I know what happened and can prepare.
What Magistrates and Prosecutors Want to See
In my experience, the people deciding your case look at who you are and what happened, not only at the charge.
The police prosecutor and the magistrate generally want to see:
- That you take responsibility.
- That you have an explanation.
- That you have a good, or relatively good, driving history.
- The background circumstances.
- Confirmation from your insurer or the other party that it has been paid in full.
Magistrates and police are often sympathetic to someone who made a wrong choice, if the person is remorseful and the aggravating factors aren't significant. The goal is lessons learned, then moving forward.
The facts matter a great deal. The same charge can look very different depending on:
- Four cars damaged, versus bumping off a mirror while backing up.
- Late at night, which can suggest drinking, versus on the way to work.
- A person under great stress.
- The other party being aggressive.
- How polite and respectful you were when the police called.
Many people who leave the scene panic. Sometimes the other person becomes angry and scares the driver. I also suggest that people take a Registry of Motor Vehicles driver program beforehand, to show that they take it seriously.
If the Hearing Doesn't Go Your Way
If the complaint issues, the case moves into the ordinary court process, and it can still be resolved along the way.
That process runs through an arraignment, a pretrial conference, and a compliance and election date. Each is a chance to resolve the case. In my experience, these cases can often be resolved without a guilty finding, which means no license-loss exposure and no final criminal record, depending on the circumstances. That is not a promise, and every case is different.
In my experience, the district attorney looks at the same things the police do: the facts and circumstances.
Possible Defenses
If the Commonwealth can’t show one of the two parts of the statute, that is a defense.
There is often video, and often a positive identification of the driver. But identification can still be an issue and a defense. I review the evidence and the police report to see whether each part of § 24(2)(a) can be shown.
Why This Matters: Your License and Your Record
A conviction can affect your license, and even a single entry can matter for a young person or someone in a sensitive field.
Under c. 90, § 24(2)(b), a conviction under § 24(2)(a) must be reported to the Registrar of Motor Vehicles, who “may in any event, and shall unless the court or magistrate recommends otherwise,” revoke the license or right to operate immediately. An appeal does not stay the revocation. Under § 24(2)(c), the Registrar may not issue a new license until 60 days after the original conviction for a first offense, or one year after the revocation for a subsequent conviction within three years. The statute is triggered by a conviction. See also Operating After Suspension or Revocation in Massachusetts.
Beyond the license, in my experience a charge like this can matter for immigration and military purposes. Young people and college students often don't want an entry on a criminal record that shows up on every job application or background check.
Frequently Asked Questions
Is leaving the scene of property damage really a crime?
Yes. It is a criminal offense under c. 90, § 24(2)(a), with a fine of $20 to $200, imprisonment of two weeks to two years, or both.
Will I be arrested?
In my practice, with property damage, drivers are generally given a citation rather than arrested. The statute does allow warrantless arrest in certain cases (c. 90, § 21).
How long do I have to respond to the citation?
The statute says the written request goes to the clerk-magistrate “within four days of the violation.” If you were given a citation, don’t wait.
Does a hearing guarantee the charge goes away?
No. Many people do well, but there is no guarantee. The magistrate may find probable cause and go forward.
What if I have not heard from the police?
That is one of the two ways people come to me. Talk to an attorney about your next steps before you speak to anyone.
Worried About a Leaving-the-Scene Charge? Talk to a Lawyer
Your first call should be to an attorney who has handled these cases before and handled them well. The Law Office of William J. Barabino in Medford has over 23 years of experience in Massachusetts criminal defense and represents clients throughout Greater Boston.
Call 781-393-5900 for a confidential consultation.
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Disclaimer
This article is for general educational purposes only and is not legal advice. Motor vehicle and license law depends heavily on the specific facts, and statutes, regulations, and court decisions change. Reading this page does not create an attorney-client relationship. If you have been charged with leaving the scene or another driving offense, consult a licensed Massachusetts criminal defense attorney about your situation.
