What are the requirements to be charged with hit and run in the city if incident occured in county?
Full Question:
Answer:
Please see the following NC statutes to determine applicability:
"Section 20-166. Duty to stop in event of a crash; furnishing information or assistance to injured person, etc.; persons assisting exempt from civil liability.
(a) The driver of any vehicle who knows or reasonably should know:
(1) That the vehicle which he or she is operating is involved in
a crash; and
(2) That the crash has resulted in serious
bodily injury, as defined in G.S. 14-32.4, or death to any person; shall
immediately stop his or her vehicle at the scene of the
crash. The driver shall remain with the vehicle at the scene of
the crash until a law-enforcement officer completes the
investigation of the crash or authorizes the driver
to leave and the vehicle to be removed, unless remaining at the scene
places the driver or others at significant risk of injury.
Prior to the completion of the investigation of the crash by
a law enforcement officer, or the consent of the officer to leave, the
driver may not facilitate, allow, or agree to the removal of the vehicle
from the scene for any purpose other than to call for a law enforcement
officer, to call for medical assistance or medical treatment as set forth
in subsection (b) of this section, or to remove oneself or others from
significant risk of injury. If the driver does leave for a reason
permitted by this subsection, then the driver must return with the vehicle
to the accident scene within a reasonable period of time, unless
otherwise instructed by a law enforcement officer. A willful violation of
this subsection shall be punished as a Class F felony.
(a1) The driver of any vehicle who knows or reasonably should know:
(1) That the vehicle which he or she is operating is involved in a
crash; and
(2) That the crash has resulted in injury; shall immediately stop his
or her vehicle at the scene of the crash. The driver shall remain with the
vehicle at the scene of the crash until a law enforcement officer completes
the investigation of the crash or authorizes the driver to leave and the
vehicle to be removed, unless remaining at the scene places the driver or
others at significant risk of injury.
Prior to the completion of the investigation of the crash by a law
enforcement officer, or the consent of the officer to leave, the driver
may not facilitate, allow, or agree to the removal of the vehicle from
the scene for any purpose other than to call for a law enforcement
officer, to call for medical assistance or medical treatment as set forth
in subsection (b) of this section, or to remove oneself or others from
significant risk of injury. If the driver does leave for a reason
permitted by this subsection, then the driver must return with the vehicle
to the crash scene within a reasonable period of time, unless otherwise
instructed by a law enforcement officer. A willful violation of this
subsection shall be punished as a Class H felony.
(b) In addition to complying with the requirements of subsections (a) and (a1) of this section, the driver as set forth in subsections (a) and (a1) shall give his or her
name, address, driver's license number and the license plate number of
the vehicle to the person struck or the driver or occupants of any
vehicle collided with, provided that the person or persons are physically
and mentally capable of receiving such information, and shall render to
any person injured in such crash reasonable
assistance, including the calling for medical assistance if it is
apparent that such assistance is necessary or is requested by the injured
person. A violation of this subsection is a Class 1 misdemeanor.
(c) The driver of any vehicle, when the driver knows or
reasonably should know that the vehicle which the driver is
operating is involved in
a crash which results:
(1) Only in damage to property; or
(2) In injury or death to any person, but only if the operator of the
vehicle did not know and did not have reason to know of the death or
injury; shall immediately stop the vehicle at the scene of the crash. If the crash is a reportable crash,
the driver shall remain with the vehicle at the scene of the
crash until a law enforcement officer completes the investigation
of the crash or authorizes the driver to leave and the vehicle
to be removed, unless remaining at the scene places the driver or others
at significant risk of injury.
Prior to the completion of the investigation of the crash by
a law enforcement officer, or the consent of the officer to leave, the
driver may not facilitate, allow, or agree to the removal of the vehicle
from the scene, for any purpose other than to call for a law enforcement
officer, to call for medical assistance or medical treatment, or to
remove oneself or others from significant risk of injury. If the driver
does leave for a reason permitted by this subsection, then the driver
must return with the vehicle to the accident scene within a reasonable
period of time, unless otherwise instructed by a law enforcement officer.
A willful violation of this subsection is a Class 1 misdemeanor.
(c1) In addition to complying with the requirement of subsection (c)
of this section, the driver as set forth in subsection (c) shall give his
or her name, address, driver's license number and the license plate
number of his vehicle to the driver or occupants of any other vehicle
involved in the crash or to any person whose
property is damaged in the crash. If the damaged
property is a parked and unattended vehicle and the name and location of
the owner is not known to or readily ascertainable by the driver of the
responsible vehicle, the driver shall furnish the information required by
this subsection to the nearest available peace officer, or, in the
alternative, and provided the driver thereafter within 48 hours fully
complies with G.S. 20-166.1(c), shall immediately place a paper-writing
containing the information in a conspicuous place upon or in the damaged
vehicle. If the damaged property is a guardrail, utility pole, or other
fixed object owned by the Department of Transportation, a public
utility, or other public service corporation to which report cannot
readily be made at the scene, it shall be sufficient if the responsible
driver shall furnish the information required to the nearest peace
officer or make written report thereof containing the information by
U.S. certified mail, return receipt requested, to the North Carolina
Division of Motor Vehicles within five days following the collision. A
violation of this subsection is a Class 1 misdemeanor.
(c2) Notwithstanding subsections(a), (a1), and (c) of this
section, if a crash occurs on a main lane, ramp,
shoulder, median, or adjacent area of a highway, each vehicle shall be
moved as soon as possible out of the travel lane and onto the shoulder or
to a designated accident investigation site to complete the requirements
of this section and minimize interference with traffic if all of the
following apply:
(1) The crash has not resulted in injury or
death to any person or the drivers did not know or have reason to know of
any injury or death.
(2) Each vehicle can be normally and safely driven. For purposes of
this subsection, a vehicle can be normally and safely driven if it does
not require towing and can be operated under its own power and in its
usual manner, without additional damage or hazard to the vehicle, other
traffic, or the roadway.
(d) Any person who renders first aid or emergency assistance at the
scene of a motor vehicle crash on any street or highway to any
person injured as a result of the accident, shall not be liable in civil
damages for any acts or omissions relating to the services rendered,
unless the acts or omissions amount to wanton conduct or intentional
wrongdoing.
(e) The Division of Motor Vehicles shall revoke the drivers license
of a person convicted of violating subsection (a) or (a1) of this section
for a period of one year, unless the court makes a finding that a longer
period of revocation is appropriate under the circumstances of the case.
If the court makes this finding, the Division of Motor Vehicles shall
revoke that person's drivers license for two years. Upon a first
conviction only for a violation of subsection(a1) of this section, a
trial judge may allow limited driving privileges in the manner set forth
in G.S. 20-179.3(b)(2) during any period of time during which the drivers
license is revoked."
SECTION 2. Chapter 14 of the General Statutes is amended by adding a
new section to read:
"Section 14-83A. Fixtures subject to larceny.
All common law distinctions providing that personal property that has
become affixed to real property is not subject to a charge of larceny are
abolished. Any person who shall remove or take and carry away, or shall
aid another in removing, taking or carrying away, any property that is
affixed to real property, with the intent to steal the property, shall be
guilty of larceny and shall be punished as provided by statute. "
SECTION 3. This act becomes effective December 1, 2008, and applies to
offenses committed on or after that date.
§ 20-166.1. Reports and investigations required in event of accident.
(a) Notice of Accident. — The driver of a vehicle involved in a
reportable accident must immediately, by the quickest means of
communication, notify the appropriate law enforcement agency of the
accident. If the accident occurred in a city or town, the appropriate
agency is the police department of the city or town. If the accident
occurred outside a city or town, the appropriate agency is the State
Highway Patrol or the sheriff's office or other qualified rural police of
the county where the accident occurred.
(b) Insurance Verification. — When requested to do so by the Division,
the driver of a vehicle involved in a reportable accident must furnish
proof of financial responsibility.
(c) Parked Vehicle. — The driver of a motor vehicle that collides with
another motor vehicle left parked or unattended on a highway of this
State must report the collision to the owner of the parked or unattended
motor vehicle. This requirement applies to an accident that is not a
reportable accident as well as to one that is a reportable accident. The
report may be made orally or in writing, must be made within 48 hours of
the accident, and must include the following:
(1) The time, date, and place of the accident.
(2) The driver's name, address, and drivers license number.
(3) The registration plate number of the vehicle being operated by the
driver at the time of the accident.
If the driver makes a written report to the owner of the parked or
unattended vehicle and the report is not given to the owner at the scene
of the accident, the report must be sent to the owner by certified mail,
return receipt requested, and a copy of the report must be sent to the
Division.
(d) Repealed by Session Laws 1995, c. 191, s. 2.
(e) Investigation by Officer. — The appropriate law enforcement agency
must investigate a reportable accident. A law-enforcement officer who
investigates a reportable accident, whether at the scene of the accident
or by subsequent investigations and interviews, must make a written
report of the accident within 24 hours of the accident and must forward
it as required by this subsection. The report must contain information on
financial responsibility for the vehicle driven by the person whom the
officer identified as at fault for the accident.
If the officer writing the report is a member of the State Highway
Patrol, the officer must forward the report to the Division. If the
officer is not a member of the State Highway Patrol, the officer must
forward the report to the local law enforcement agency for the area where
the accident occurred. A local law enforcement agency that receives an
accident report must forward it to the Division within 10 days after
receiving the report.
When a person injured in a reportable accident dies as a result of the
accident within 12 months after the accident and the death was not
reported in the original report, the law enforcement officer
investigating the accident must file a supplemental report that includes
the death.
(f) Medical Personnel. — A county medical examiner must report to the
Division the death of any person in a reportable accident and the
circumstances of the accident. The medical examiner must file the report
within five days after the death. A hospital must notify the medical
examiner of the county in which the accident occurred of the death within
the hospital of any person who dies as a result of injuries apparently
sustained in a reportable accident.
(g) Repealed by Session Laws 1987, c. 49.
(h) Forms. — The Division shall provide forms or procedures for
submitting crash data to persons required to make reports under this
section and the reports shall be made in a format approved by the
Commissioner. The following information shall be included about a
reportable crash:
(1) The cause of the crash.
(2) The conditions existing at the time of the crash.
(3) The persons and vehicles involved.
(4) Whether the vehicle has been seized and is subject to forfeiture
under G.S. 20-28.2.
(i) Effect of Report. — A report of an accident made under this section
by a person who is not a law enforcement officer is without prejudice, is
for the use of the Division, and shall not be used in any manner as
evidence, or for any other purpose in any trial, civil or criminal,
arising out of the accident. Any other report of an accident made under
this section may be used in any manner as evidence, or for any other
purpose, in any trial, civil or criminal, as permitted under the rules of
evidence. At the demand of a court, the Division must give the court a
properly executed certificate stating that a particular accident report
has or has not been filed with the Division solely to prove a compliance
with this section.
The reports made by persons who are not law enforcement officers or
medical examiners are not public records. The reports made by law
enforcement officers and medical examiners are public records and are
open to inspection by the general public at all reasonable times. The
Division must give a certified copy of one of these reports to a member
of the general public who requests a copy and pays the fee set in G.S.
20-42.
(j) Statistics. — The Division may periodically publish statistical
information on motor vehicle accidents based on information in accident
reports. The Division may conduct detailed research to determine more
fully the cause and control of accidents and may conduct experimental
field tests within areas of the State from time to time to prove the
practicability of various ideas advanced in traffic control and accident
prevention.
(k) Punishment. — A violation of any provision of this section is a
misdemeanor of the Class set in G.S. 20-176.
§ 20-166.2. Duty of passenger to remain at the scene of an accident.
(a) The passenger of any vehicle who knows or reasonably should know
that the vehicle in which he or she is a passenger is involved in an
accident or collision shall not willfully leave the scene of the accident
by acting as the driver of a vehicle involved in the accident until a law
enforcement officer completes the investigation of the accident or
collision or authorizes the passenger to leave, unless remaining at the
scene places the passenger or others at significant risk of injury.
Prior to the completion of the investigation of the accident by a law
enforcement officer, or the consent of the officer to leave, the
passenger may not facilitate, allow, or agree to the removal of the
vehicle from the scene, for any purpose other than to call for a law
enforcement officer, to call for medical assistance or medical treatment
as set forth in subsection (b) of this section, or to remove oneself or
others from a significant risk of injury. If the passenger does leave the
scene of an accident by driving a vehicle involved in the accident for a
reason permitted by this subsection, the passenger must return with the
vehicle to the accident scene within a reasonable period of time, unless
otherwise instructed by a law enforcement officer. A willful violation of
this subsection is a Class H felony if the accident or collision is
described in G.S. 20-166(a). A willful violation of this subsection is a
Class 1 misdemeanor if the accident or collision is a reportable accident
described in G.S. 20-166(c).
(b) In addition to complying with the requirement of subsection (a) of
this section, the passenger shall give the passenger's name, address,
drivers license number, and the license plate number of the vehicle in
which the passenger was riding, if possible, to the person struck or the
driver or occupants of any vehicle collided with, provided that the
person or persons are physically and mentally capable of receiving the
information, and shall render to any person injured in the accident or
collision reasonable assistance, including the calling for medical
assistance if it is apparent that such assistance is necessary or is
requested by the injured person. A violation of this subsection is a
Class 1 misdemeanor.