Leaving the scene of an accident in Colorado

What the charge means

The statute imposes duties on any driver directly involved in a crash that injures or kills someone, whether or not the driver was at fault.

• Stop immediately at or as close to the scene as possible, without blocking traffic more than necessary.
• Remain at the scene until the duties are done.
• Give your name, address, and registration, and show your license on request.
• Render reasonable assistance to anyone hurt, which can mean calling for help or arranging transport to medical care.
• Report the crash to law enforcement.

Prosecutors must prove the driver knew, or reasonably should have known, that a crash involving another person occurred. Knowledge is the element that decides many of these cases. A driver who genuinely did not realize there was an impact, or did not realize anyone was hurt, has a defense worth developing. Common scenarios include nighttime collisions with pedestrians or cyclists, panic after a minor crash, and drivers who leave because they fear a DUI investigation. Crashes involving only property damage are charged under a separate statute, C.R.S. 42-4-1602, as a lesser traffic misdemeanor.

Classification and sentencing

The level of the charge depends entirely on the harm to the other person.

• Injury (not serious): class 1 misdemeanor traffic offense. If the court imposes jail, the range is 10 days to 12 months, with a fine of $300 to $1,000.
• Serious bodily injury: class 4 felony. If the court imposes prison, the presumptive range is 2 to 6 years, followed by 3 years of mandatory parole, with a fine of $2,000 to $500,000. Serious bodily injury is a defined term covering substantial risk of death, serious permanent disfigurement, long term loss or impairment of a body part or organ, broken bones, and second or third degree burns.
• Death: class 3 felony. If the court imposes prison, the presumptive range is 4 to 12 years, followed by 5 years of mandatory parole, with a fine of $3,000 to $750,000.

These ranges describe what applies only if the court orders jail or prison. The statute does not mandate incarceration, so probation and other sentences are often possible, and courts can move outside the presumptive felony range when they find aggravating or mitigating circumstances. A conviction also triggers driver's license consequences through the DMV, including revocation in the injury and death cases.

What else it touches

A leaving the scene case carries consequences beyond the courtroom.

• Driver's license. The DMV revokes the license after an injury or death conviction, separate from the criminal sentence, and the points alone can trigger suspension.
• Firearms. The felony versions bar gun possession under Colorado and federal law after conviction.
• Immigration. For noncitizens, a conviction for fleeing after injuring someone deserves careful review before any plea.
• Record sealing. Colorado generally does not allow sealing of traffic misdemeanor convictions, and felony conviction sealing has waiting periods and technical limits. Dismissed or acquitted charges can generally be sealed.

We defend leaving the scene cases across Colorado, and a consultation about the specific facts is the right place to get real answers.