603-622-7575
603-622-7575

What Does a Prosecutor Have to Prove for a Hit and Run Accident

In New Hampshire, the offense commonly referred to as "conduct after an accident" (often called hit and run or leaving the scene of an accident) is governed by RSA 264:25
 
(Conduct After Accident) and related provisions, particularly RSA 264:29 (which addresses penalties).
 
The prosecutor must prove the following core elements beyond a reasonable doubt for a conviction under this statute:
  1. The defendant was the driver of a vehicle (or the owner if the vehicle was illegally parked) involved in an accident on a way (public road/highway) or in other circumstances covered by the statute.
  2. The accident resulted in property damage, injury, or death (the specific requirements vary by severity, but even minor property damage can trigger duties).
  3. The defendant failed to fulfill one or more of the required duties immediately after the accident, such as:
    • Stopping at the scene.
    • Providing identifying information (name, address, vehicle registration number) to the other party, injured person, or property owner.
    • Rendering reasonable aid if needed (especially in injury/death cases).
    • Reporting the accident to the nearest police officer or station if the other party is unavailable.
  4. The failure was knowing or intentional (the statute implies knowledge of the accident and the duties).
Class B Misdemeanor Classification
 
This offense is typically charged as a misdemeanor under RSA 264:29. It is often a class B misdemeanor in cases involving only property damage (no injury or death), especially where the facts are less aggravated (e.g., minor damage, no attempt to conceal, or quick reporting after the fact). A class B misdemeanor in NH carries:
  • A maximum fine of $1,200.
  • No jail time (unlike a class A misdemeanor, which can include up to 1 year in jail).
  • 6 demerit points on the driver's record (considered a major offense).
  • Potential license suspension or other DMV consequences.
More serious cases (e.g., involving injury, death, or false information) are elevated to class A misdemeanor or even class B felony levels, but the class B misdemeanor applies to many straightforward property-damage-only scenarios.The crime focuses on the conduct after the accident (e.g., leaving the scene or failing to report/exchange info), not the accident itself. Courts have emphasized that the offense occurs only after the collision, and any resulting economic loss (like property damage) must stem from the failure to stop/report, not just the crash (as noted in cases like State v. Pinault).
 
Note: This is a general overview based on the current statute and case law. Specific charges can vary by facts, and penalties/classification may depend on prosecutorial discretion or aggravating factors.
 
For advice on a particular case, consult a licensed New Hampshire attorney familiar with RSA Title XXI (Motor Vehicles) like Joseph KElly Levasseur at 603-622-7575

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