Charged With Hit and Run in Pennsylvania: What the Misdemeanor and Summary Counts Mean

Attorney Answer

The charging papers name the sections, and the sections decide what you face. In a Pennsylvania hit-and-run case the misdemeanors are usually under 75 Pa.C.S. § 3743 (leaving after damaging an occupied or attended vehicle or property, a third-degree misdemeanor) or § 3742 (leaving a crash that injured someone, a first-degree misdemeanor, or a felony if the injury was serious). Summary counts are the least serious class of offense. Have a criminal defense lawyer read the papers before your first court date.

The likely misdemeanors. If no one was hurt, the misdemeanor counts are most likely under 75 Pa.C.S. § 3743, which carries this penalty:

(b) Penalty.-- Any person violating this section commits a misdemeanor of the third degree, punishable by a fine of $2,500 or imprisonment for not more than one year, or both.

If anyone was injured, 75 Pa.C.S. § 3742 applies instead, and § 3742(b)(1) makes it more serious:

(1) Except as otherwise provided in this section, any person violating this section commits a misdemeanor of the first degree.

Serious bodily injury or a death makes it a felony (§ 3742(b)(2)–(3)). Two misdemeanor counts can mean two different sections, or the same section charged more than once; the complaint lists each count separately, with its section number.

The summary counts. Summary offenses carry fines and, for some, short jail terms. In leaving-the-scene cases they are often a count under § 3745 (hitting an unattended vehicle or property without leaving notice), a count for not notifying the police, or a traffic violation from the crash itself. Under § 3745(b), for example:

(b) Penalty.-- A violation of this section is a summary offense, punishable by a fine of $300 or imprisonment for not more than 90 days, or both.

What the Commonwealth must prove. In Commonwealth v. Woosnam, 819 A.2d 1198 (Pa. Super. 2003), the Superior Court held that the Commonwealth must prove the driver knew or should have known he or she was involved in an accident. That is a lower bar than actual knowledge, and whether it can be met on your facts is one of the first things a defense lawyer will look at.

ARD. Pennsylvania's Accelerated Rehabilitative Disposition is a pretrial program that is available only if the district attorney moves for it; a defendant has no right to demand it, as the Supreme Court of Pennsylvania held in Commonwealth v. Lutz, 508 Pa. 297, 495 A.2d 928 (1985). Whether it is offered in a leaving-the-scene case is something your lawyer can raise with the prosecutor.

If you are convicted. Under 18 Pa.C.S. § 1106(a), a court must order restitution where a victim's property lost value, or an individual was injured, as a direct result of the crime. A conviction under § 3742 also carries a one-year license suspension, and one under § 3743 a six-month suspension (75 Pa.C.S. § 1532(a)(3), (b)(1)).

What you can do

1. Talk to a Pennsylvania criminal defense lawyer before you speak to the police, an investigator or anyone else about this, and do not write out your account of what happened for anyone in the meantime. What you say can be used as evidence.

2. Find the court date on your papers and keep every document you were given.

3. Do not contact the other driver or owner about the crash or the charges.

4. Ask your lawyer how to give your insurer the notice your policy requires. The damage claim is separate from the criminal case.

5. Even if you are handling this yourself, you would be best served by a brief phone consultation with a local Pennsylvania attorney before you act. Most lawyers offer a short initial call at no cost, and a few minutes on your specific facts — and on how your court actually handles this — is worth more than any general guidance, including this page.

⏱ Time limits apply. The dates on your summonses and charging papers control, and missing one makes things worse. Under 75 Pa.C.S. § 1533(a), failing to respond to a citation or summons for a Vehicle Code violation also leads to a license suspension.