If I hit a garage door before it opened all the way at condo complex at 3:00 am so I left and came back the next morning, can I fight a ticket for leaving the scene?

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If I hit a garage door before it opened all the way at condo complex at 3:00 am so I left and came back the next morning, can I fight a ticket for leaving the scene?

This was at a condo complex where my family are homeowners. I knew property management wouldn’t be around until 8 am, so that’s when I went back down, however there was already a police officer there. The first thing I said was, “I was just about to come report this”. The sheriff gave me a leaving the scene of an accident and a careless driving ticket. The video shows me pulling in before it was all the way up as I had a boat on top of my car that I thought was cleared. It also shows me taking photos of the accident showing good intent of reporting the accident in the morning. Do I have a good case against these tickets?

Asked on July 5, 2015 under Criminal Law, Colorado

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You have a decent case... just not the best case.  Most people who get charged with this type of offense simply take off and exhibit no signs of intending to return.  However, you do have some good factors in that you voluteered your actions, you were taking pictures, and you came back.  The main negative factor is that you didn't call the police to report the indicident.  Even at 3:00 a.m., the police are awake to make a report.... which is who you could have notified.  Considering the positive factors, you have a shot at trying to get the prosecutor to drop your charges.  It's not the worst offense to have on your record, but if you really want to keep your record clean, considering hiring a criminal defense attorney to assist you with these negotiations so more of your statements are not used against you.


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