Group Picture of The Law Offices of Mark Sherman, LLC

Fighting Evading Responsibility Arrests in Westport Connecticut (Part 3 of 4)

Fighting Evading Responsibility Arrests in Westport Connecticut
(Part 3 of 4)

Click here to return to Part 1
Click here to return to Part 2

Make Sure Westport Police Know You Were Not Drunk Driving!

The best criminal lawyers / attorneys in Westport Connecticut attorneys know that Connecticut prosecutors and police officers usually suspect that you left the scene of a car accident in Westport because you were doing something wrong. Westport Police and Norwalk Superior Court prosecutors assume that you were driving drunk, had no insurance, did not properly install an Ignition Interlock Device, or did not have a valid diver’s license.

That’s why your top Westport Connecticut criminal defense attorney needs to allay their concerns as quickly as possible, possibly even before an arrest warrant is signed. Often, the real reason people leave the scene of an accident is because they panic, and get scared because it’s late at night or unsafe to pull over on I-95 or the Merritt Parkway shoulders. These people will end up driving home before really processing what happened. So if you are smart enough to call any of the best Westport Connecticut criminal law firms, they may contact the Connecticut State Troopers or Westport Police on your behalf to help you avoid an arrest—especially if you weren’t committing a Westport DUI / DWI at the time of the accident.

DMV Consequences / License Suspensions for Westport Evading Arrests

If you were arrested in Westport Connecticut for Hit and Run / Evading Responsibility under C.G.S. § 14-224, then it’s important to understand the legal consequences to your permanent record as well as your driving record. All Westport Connecticut arrests report to Norwalk Superior Court, located at 17 Belden Avenue. A guilty plea or conviction at trial for Evading Responsibility in Westport will result in either a felony or misdemeanor. The length of your Connecticut driver’s license suspension will depend on whether you have any prior convictions for Evading Responsibility and whether anyone was seriously injured in the accident. If there were serious injuries or even a death, then you face a felony conviction and a one-year driver’s license suspension from the Connecticut DMV (2 years if it’s not your first Evading Responsibility conviction). If there were no serious injuries and just property damage, then you face a misdemeanor criminal conviction and a 90-day driver’s license suspension (or a 1 year suspension if you have prior Evading Responsibility convictions). For more information on DMV consequences, you can ask your Westport Connecticut criminal lawyer to consult C.G.S. § 14-111.

Can I Get Arrested for Evading Responsibility if I Own the Car but Wasn’t Driving?

Yes! If your car is involved in a hit-and-run accident, and the Westport Police Department cannot determine who was operating the car, then you—as the owner of the car—can be arrested in Westport for Evading Responsibility, even if you were not there! Connecticut criminal laws allow police departments to “impute control of the car” to the legal owner. It’s a little counterintuitive – and the burden then falls on you and your top Westport Connecticut criminal lawyer attorney to prove that you were not driving the car. You always have the right to remain silent, but if you do that in a case like this, then you greatly increase the chance that you will get arrested for Hit-and-Run / Evading Responsibility in Westport Connecticut under CGS 14-224. This is why it’s critical that your lawyer files motions in Norwalk Superior Court relating to your alibi, including demanding the preservation of witness statements, cell phone tower records, debit and credit card receipts, and surveillance footage.

What About a One-Car Accident – Can That Be Evading Responsibility?

Surprisingly, yes it can. Westport and Connecticut State Police regularly arrest people who are involved in a one-car accident, cause property damage, and then leave the scene. This happens is small Fairfield County cities and shoreline towns like Westport, where property damage can often add up to thousands of dollars of damage. So, whether the damage is to private property, like a mailbox, fancy stone wall, lawn, or garden, or to town property like guardrails or barriers, the owner will be looking for someone to pay them to repair the damage. They’ll either look for the person responsible for the accident or to an insurance company to pay. If an insurance company does get involved, it will need to rely on police reports to determine who is at fault and who is liable, which is why Connecticut law requires you to report even a one-car accident. So if you are being investigated for or are arrested in Westport Connecticut for a one-car Evading Responsibility accident, then get in touch with a top Westport defense attorney right away to assist you in fixing your mistake and getting rid of your case as efficiently as possible.

Continue Reading…Westport Evading Responsibility Arrests, Part 4 of 4
(Scrubbing your arrest off the Internet, Reducing Evading Charges / Hit and Run Charges to Infractions, and much more)