A court date after hitting a parked car
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Reviewed & verified by A. Jason Velez, Esq.*
Founding Attorney, 1LAW · Last reviewed April 28, 2023
Legal Inquiry
Consumer Legal Issue
I hit a parked car and now I have to appear in court. What happens at that hearing, and what is the charge?
Attorney Answer
A court date for hitting a parked car usually means a citation under the unattended-vehicle statute rather than something more serious.
O.C.G.A. § 40-6-271(a) requires the driver of a vehicle that collides with an unattended vehicle to stop immediately and either locate and notify the owner or operator with their name and address, or leave the notice the statute specifies. Subsection (b) makes failing to comply a misdemeanour, which is why the matter goes before a court rather than being payable as a fine.
A mandatory appearance is not a verdict. It means the charge is one the court wants to deal with in person, and the appearance is where it is addressed.
Because this is a criminal citation, what to do about it — including how to respond — is a decision to make with a lawyer who has read the paperwork. Many will look at a citation at no cost.
What you can do
1. Read the citation for the exact charge, court and date, and diarise it. 2. Do not miss the date — failing to appear creates a separate and worse problem. 3. Gather any photographs, the location, and anything showing what happened. 4. Find out whether the other owner's damage has already been dealt with by an insurer. 5. Speak to a Georgia attorney before the appearance.
⏱ Time limits apply. Georgia sets deadlines for every kind of claim and they are shorter than most people expect. Confirm the one that governs your situation with a Georgia attorney before assuming there is time.
A Georgia attorney can tell you quickly how the facts here line up, and most will look at a matter like this at no cost.
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Frequently Asked Questions
Why does hitting a parked car lead to a court appearance?
Because O.C.G.A. § 40-6-271(b) makes failing to comply with the unattended-vehicle requirements a misdemeanour, which is dealt with by a court rather than as a payable fine.
Does a mandatory court date mean a conviction is likely?
No. It means the charge is one the court addresses in person. The appearance is where the matter is dealt with, not a decision already made.
What happens if someone does not attend?
Failing to appear generally creates a separate and more serious problem than the original citation. The date should be treated as fixed.