What is a driver involved in a traffic accident in the event of injury or death of a person?
In any traffic or car accident in Virginia in which there is injury or death of any person, the driver who is involved in such events will be obliged to stop their march, provide the help that is possible and reports to any official who is near the place of the fact, for the judicial complaint.
What happens if the person does not give an account to the police authority?
If in the accident only damages occurred, the person will receive a fine of three to seven monthly tax units and the suspension of the license for up to one month. If a person is injured in a car accident and if the driver does not stop, neither notify the authority, then the driver will receive a minor prison sentence (541 days to three years of imprisonment). May be a constant inability to drive vehicles of mechanical traction and fine of seven to ten monthly tax units. If the affected person dies or is left with severe injuries (insane, useless for work, impotent, impeded by any important or notably deformed member) a minor prison sentence will be applied in its maximum degree (from 3 years and one day to 5 years) of prison). Also, perpetual disability to drive vehicles of mechanical traction, fine of eleven to twenty monthly tributary units and with the confiscation of the vehicle with which the crime has been committed.
These penalties will be imposed along with the one that the driver could receive for the responsibility in the crime or the quasi-delict that he had committed.
Can a driver refuse breathing tests or other tests to assess the presence of alcohol or other substances in their blood?
If a driver unjustifiably refuses to undergo respiratory tests or other scientific tests designed to establish the presence of alcohol or narcotic or psychotropic substances in the body, he will be punished with a fine of three to ten monthly tax units and with the suspension of your license for up to one month. The driver will receive that penalty in conjunction with the one that is applied for his responsibility in another crime that he has committed for the same act.
If the victim dies, the penalty applied ranges from minor prison in its maximum degree to major prison in its minimum degree (from three years and one day to ten years of imprisonment).
In both cases, fine penalties of eight to twenty monthly tax units, of perpetual disability to drive mechanically driven vehicles and the seizure of the vehicle with which the offense has been committed will be applied, without prejudice to the rights of the owner if it is another person.
Are there cases in which only the highest sanction will be applied?
Yes, the greater penalty will be applied, that is to say, the one that goes of 5 years and one day to ten years, if they had also happened any of the following circumstances:
- If the person is a repeat offender in this type of crime unless it had already passed ten years, in the case of a crime or five years in the case of a simple crime.
- If it is a professional driver, who participated in the accident exercising his functions.
- If the person in charge drove the vehicle with his / her driver’s license canceled, or if he/she was disabled in perpetuity to drive motorized vehicles.
How should judges define the penalty?
For drivers who are drunk or under narcotic or psychotropic substances that cause death or very serious injuries in a traffic accident, the judge may apply the penalty prescribed by law, that is, between three years and one day and ten years if there is no aggravating or mitigating.
If there are one or more extenuating circumstances and no aggravating circumstance, the court will impose the penalty of minor imprisonment in its maximum degree. If there are one or more aggravating circumstances and no mitigating factors, the penalty of imprisonment shall apply to the minimum degree.
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