What is the sentence for leaving the scene of an accident where damages only were involved?
Full Question:
My daughter received a ticket for leaving the scene of an accident when the night before she accidentally backed into a car in a parking lot, and didn't think there was damage and left. We received a letter from the county stating that we should disregard the ticket time/date and report at a different time for her arraignment. What are the possible penalties for this ticket?
11/15/2007 |
Category: Criminal ยป Speedy Trial |
State: Minnesota |
#12322
Answer:
The following is a Minnesota statute:
169.09 Accidents.
Subdivision 1. Driver to stop for accident with individual. The driver
of any motor vehicle involved in an accident resulting in immediately
demonstrable bodily injury to or death of any individual shall
immediately stop the vehicle at the scene of the accident, or as close to
the scene as possible but shall then return to and in every event shall
remain at the scene of the accident, until the driver has fulfilled the
requirements of this section as to the giving of information. The stop
must be made without unnecessarily obstructing traffic.
Subd. 2. Driver to stop for accident to property. The driver of any
motor vehicle involved in an accident to a vehicle driven or attended by
any individual shall immediately stop the motor vehicle at the scene of
the accident, or as close to the accident as possible but shall forthwith
return to and in every event shall remain at the scene of the accident,
until the driver has fulfilled the requirements of this section as to the
giving of information. The stop must be made without unnecessarily
obstructing traffic.
Subd. 3. Driver to give information. (a) The driver of any motor
vehicle involved in an accident resulting in bodily injury to or death of
any individual, or damage to any vehicle driven or attended by any
individual, shall stop and give the driver's name, address, and date of
birth and the registration plate number of the vehicle being driven. The
driver shall, upon request and if available, exhibit the driver's license
or permit to drive to the individual struck or the driver or occupant of
or individual attending any vehicle collided with. The driver also shall
give the information and upon request exhibit the license or permit to
any peace officer at the scene of the accident or who is investigating
the accident. The driver shall render reasonable assistance to any
individual injured in the accident.
(b) If not given at the scene of the accident, the driver, within 72
hours after the accident, shall give, on request to any individual
involved in the accident or to a peace officer investigating the
accident, the name and address of the insurer providing vehicle liability
insurance coverage, and the local insurance agent for the insurer.
Subd. 4. Collision with unattended vehicle. The driver of any motor
vehicle that collides with and damages any vehicle that is unattended
shall immediately stop and either locate and notify the driver or owner
of the vehicle of the name and address of the driver and registered owner
of the vehicle striking the unattended vehicle, shall report this same
information to a peace officer, or shall leave in a conspicuous place in
or secured to the vehicle struck, a written notice giving the name and
address of the driver and of the registered owner of the vehicle doing
the striking.
Subd. 5. Notify owner of damaged property. The driver of any vehicle
involved in an accident resulting only in damage to fixtures legally upon
or adjacent to a highway shall take reasonable steps to locate and notify
the owner or person in charge of the property of that fact, of the
driver's name and address, and of the registration plate number of the
vehicle being driven and shall, upon request and if available, exhibit
the driver's license, and make report of the accident in every case. The
report must be made in the same manner as a report made pursuant to
subdivision 7.
Subd. 5a. Driver deemed agent of owner. Whenever any motor vehicle
shall be operated within this state, by any person other than the owner,
with the consent of the owner, express or implied, the operator thereof
shall in case of accident, be deemed the agent of the owner of such motor
vehicle in the operation thereof.
Subd. 6. Notice of personal injury. The driver of a vehicle involved in
an accident resulting in bodily injury to or death of any individual
shall, after compliance with this section and by the quickest means of
communication, give notice of the accident to the local police department
if the accident occurs within a municipality, to a State Patrol officer
if the accident occurs on a trunk highway, or to the office of the
sheriff of the county.
Subd. 7. Accident report to commissioner. (a) The driver of a vehicle
involved in an accident resulting in bodily injury to or death of any
individual or total property damage to an apparent extent of $1,000 or
more, shall forward a written report of the accident to the commissioner
of public safety within ten days of the accident. On the required
report, the driver shall provide the commissioner with the name and
policy number of the insurer providing vehicle liability insurance
coverage at the time of the accident.
(b) On determining that the original report of any driver of a vehicle
involved in an accident of which report must be made as provided in this
section is insufficient, the commissioner of public safety may require
the driver to file supplementary information.
Subd. 8. Officer to report accident to commissioner. A peace officer
who, in the regular course of duty, investigates an accident that must be
reported under this section shall, within ten days after the date of the
accident, forward an electronic or written report of the accident as
prescribed by the commissioner of public safety.
Subd. 9. Accident report format. The commissioner of public safety
shall prescribe the format for the accident reports required under this
section. Upon request the commissioner shall make available the format to
police departments, coroners, sheriffs, garages, and other suitable
agencies or individuals. The electronic or written report to be completed
by individuals involved in accidents and by investigating peace officers
must disclose the causes, existing conditions, and the individuals and
vehicles involved.
Subd. 10. Repealed, 2005 c 163 s 89
Subd. 11. Coroner to report death. Every coroner or other official
performing like functions shall report in writing to the commissioner of
public safety the death of any individual within the coroner's
jurisdiction as the result of an accident involving a vehicle and the
circumstances of the accident. The report must be made within 15 days
after the death.
In the case of drivers killed in vehicle accidents and of the death of
pedestrians 16 years of age or older, who die within four hours after an
accident, the coroner or other official performing like functions shall
examine the body and shall make tests as are necessary to determine the
presence and percentage concentration of alcohol, and drugs if feasible,
in the blood of the victim. This information must be included in each
report submitted pursuant to the provisions of this subdivision and shall
be tabulated on a monthly basis by the commissioner of public safety.
This information may be used only for statistical purposes that do not
reveal the identity of the deceased.
Subd. 12. Garage to report bullet damage. The individual in charge of
any garage or repair shop to which is brought any vehicle that shows
evidence of having been struck by any bullet shall immediately report to
the local police or sheriff and to the commissioner of public safety
within 24 hours after the vehicle is received, giving the engine number
if any, registration plate number, and the name and address of the
registered owner or operator of the vehicle.
Subd. 13. Reports confidential; evidence, fee, penalty, appropriation.
(a) All reports and supplemental information required under this section
must be for the use of the commissioner of public safety and other
appropriate state, federal, county, and municipal governmental agencies
for accident analysis purposes, except:
(1) the commissioner of public safety or any law enforcement agency
shall, upon written request of any individual involved in an accident or
upon written request of the representative of the individual's estate,
surviving spouse, or one or more surviving next of kin, or a trustee
appointed under section 573.02, disclose to the requester, the requester's
legal counsel, or a representative of the requester's insurer the report
required under subdivision 8;
(2) the commissioner of public safety shall, upon written request,
provide the driver filing a report under subdivision 7 with a copy of the
report filed by the driver;
(3) the commissioner of public safety may verify with insurance
companies vehicle insurance information to enforce sections 65B.48,
169.792, 169.793, 169.796, and 169.797;
(4) the commissioner of public safety shall provide the commissioner of
transportation the information obtained for each traffic accident
involving a commercial motor vehicle, for purposes of administering
commercial vehicle safety regulations; and
(5) the commissioner of public safety may give to the United States
Department of Transportation commercial vehicle accident information in
connection with federal grant programs relating to safety.
(b) Accident reports and data contained in the reports are not
discoverable under any provision of law or rule of court. No report shall
be used as evidence in any trial, civil or criminal, or any action for
damages or criminal proceedings arising out of an accident. However, the
commissioner of public safety shall furnish, upon the demand of any
person who has or claims to have made a report or upon demand of any
court, a certificate showing that a specified accident report has or has
not been made to the commissioner solely to prove compliance or failure
to comply with the requirements that the report be made to the
commissioner.
(c) Nothing in this subdivision prevents any individual who has made a
report under this section from providing information to any individuals
involved in an accident or their representatives or from testifying in
any trial, civil or criminal, arising out of an accident, as to facts
within the individual's knowledge. It is intended by this subdivision to
render privileged the reports required, but it is not intended to
prohibit proof of the facts to which the reports relate.
(d) Disclosing any information contained in any accident report, except
as provided in this subdivision, section 13.82, subdivision 3 or 6, or
other statutes, is a misdemeanor.
(e) The commissioner of public safety shall charge authorized persons
as described in paragraph (a) a $5 fee for a copy of an accident report.
Ninety percent of the $5 fee collected under this paragraph must be
deposited in the special revenue fund and credited to the driver services
operating account established in section 299A.705 and ten percent must be
deposited in the general fund. The commissioner may also furnish an
electronic copy of the database of accident records, which must not
contain personal or private data on an individual, to private agencies as
provided in paragraph (g), for not less than the cost of preparing the
copies on a bulk basis as provided in section 13.03, subdivision 3.
(f) The fees specified in paragraph (e) notwithstanding, the
commissioner and law enforcement agencies shall charge commercial users
who request access to response or incident data relating to accidents a
fee not to exceed 50 cents per record. "Commercial user" is a user who in
one location requests access to data in more than five accident reports
per month, unless the user establishes that access is not for a commercial
purpose. Of the money collected by the commissioner under this paragraph,
90 percent must be deposited in the special revenue fund and credited to
the driver services operating account established in section 299A.705 and
ten percent must be deposited in the general fund.
(g) The fees in paragraphs (e) and (f) notwithstanding, the
commissioner shall provide an electronic copy of the accident records
database to the public on a case-by-case basis using the cost-recovery
charges provided for under section 13.03, subdivision 3. The database
provided must not contain personal or private data on an individual.
However, unless the accident records data base includes the vehicle
identification number, the commissioner shall include the vehicle
registration plate number if a private agency certifies and agrees that
the agency:
(1) is in the business of collecting accident and damage information on
vehicles;
(2) will use the vehicle registration plate number only for identifying
vehicles that have been involved in accidents or damaged, to provide this
information to persons seeking access to a vehicle's history and not for
identifying individuals or for any other purpose; and
(3) will be subject to the penalties and remedies under sections 13.08
and 13.09.
Subd. 14. Penalties. (a) The driver of any vehicle who violates
subdivision 1 or 6 and who did not cause the accident is punishable as
follows:
(1) if the accident results in the death of any individual, the driver
is guilty of a felony and may be sentenced to imprisonment for not more
than three years, or to payment of a fine of not more than $5,000, or
both;
(2) if the accident results in great bodily harm to any individual, as
defined in section 609.02, subdivision 8, the driver is guilty of a
felony and may be sentenced to imprisonment for not more than two years,
or to payment of a fine of not more than $4,000, or both; or
(3) if the accident results in substantial bodily harm to any
individual, as defined in section 609.02, subdivision 7a, the driver may
be sentenced to imprisonment for not more than one year, or to payment of
a fine of not more than $3,000, or both.
(b) The driver of any vehicle involved in an accident not resulting in
substantial bodily harm or death who violates subdivision 1 or 6 may be
sentenced to imprisonment for not more than one year, or to payment of a
fine of not more than $3,000, or both.
(c) Any person who violates subdivision 2, 3, 4, 5, 7, 8, 11, or 12 is
guilty of a misdemeanor.
(d) The attorney in the jurisdiction in which the violation occurred
who is responsible for prosecution of misdemeanor violations of this
section shall also be responsible for prosecution of gross misdemeanor
violations of this section.
Subd. 14a. Suspension of license for failure to report accident. The
commissioner may suspend the license, or any nonresident's operating
privilege, of any person who willfully fails, refuses, or neglects to make
report of a traffic accident as required by the laws of this state. A
license suspension under this section is subject to the notice
requirements of section 171.18, subdivision 2.
Subd. 15. Defense. It is an affirmative defense to prosecution under
subdivisions 1, 2, and 6 that the driver left the scene of the accident
to take any individual suffering immediately demonstrable bodily injury
in the accident to receive emergency medical care if the driver of the
involved vehicle gives notice to a law enforcement agency as required by
subdivision 6 as soon as reasonably feasible after the emergency medical
care has been undertaken.
Subd. 16. Commissioner as agent for service of process. The use and
operation by a resident of this state or the resident's agent, or by a
nonresident or the nonresident's agent, of a motor vehicle within the
state of Minnesota, is deemed an irrevocable appointment by the resident
if absent from this state continuously for six months or more following
an accident, or by the nonresident at any time, of the commissioner of
public safety to be the resident's or nonresident's true and lawful
attorney upon whom may be served all legal process in any action or
proceeding against the resident or nonresident or the executor,
administrator, or personal representative of the resident or nonresident
growing out of the use and operation of a motor vehicle within this
state, resulting in damages or loss to person or property, whether the
damage or loss occurs on a highway or on abutting public or private
property. This appointment is binding upon the nonresident's executor,
administrator, or personal representative. The use or operation of a
motor vehicle by the resident or nonresident is a signification of
agreement that any process in any action against the resident or
nonresident or executor, administrator, or personal representative of the
resident or nonresident that is so served has the same legal force and
validity as if served upon the resident or nonresident personally or on
the executor, administrator, or personal representative of the resident
or nonresident. Service of process must be made by serving a copy thereof
upon the commissioner or by filing a copy in the commissioner's office,
together with payment of a fee of $20, and is deemed sufficient service
upon the absent resident or the nonresident or the executor,
administrator, or personal representative of the resident or
nonresident; provided that notice of service and a copy of the process
are sent by mail by the plaintiff within ten days to the defendant at the
defendant's last known address and that the plaintiff's affidavit of
compliance with the provisions of this chapter is attached to the
summons.
Subd. 17. Information access by vehicle owners. If an accident report
has been prepared by a person involved in an accident and no report has
been prepared by a law enforcement officer, the owners of the vehicles
involved in an accident shall have the same access to information
maintained by the Department of Public Safety, Driver and Vehicle
Services Division, about the vehicles, their owners, and their drivers
that would have been available to a law enforcement officer reporting on
the accident.
Subd. 18. Continuance of court proceeding; costs. The court in which
the action is pending may order a continuance as may be necessary to
afford the defendant reasonable opportunity to defend the action, not
exceeding 90 days from the date of filing of the action in that court.
The fee of $20 paid by the plaintiff to the commissioner at the time of
service of the proceedings must be taxed in the plaintiff's cost if the
plaintiff prevails in the suit. The commissioner shall keep a record of
all processes so served, which must show the day and hour of service.
