Leaving the Scene Lawyer New York

New York’s current statute does not use the phrase “leaving the scene of an accident.” N.Y. Veh. & Traf. Law § 600, officially titled “Leaving scene of an incident without reporting,” imposes a duty on a driver involved in an incident causing property damage or personal injury to stop, exchange identifying and insurance information, or report to the nearest police station when the other party is not present. The statute does not divide the offense into “first,” “second,” or “third degree” charges. Instead, it grades the offense by subdivision and by the specific facts involved, ranging from a traffic infraction for property-damage-only incidents up to a class D felony where a personal-injury incident results in death. A driver charged under § 600(1) or § 600(2) faces different duties, different reporting requirements, and different potential sanctions depending on which subdivision applies and what actually happened at the scene. Because the grading turns on specific statutory language rather than a simple degree system, how the incident is charged and how the facts are characterized can materially affect the outcome. Mr. Sris and the firm’s Of Counsel attorneys review the police report, any property damage or injury documentation, and the specific subdivision charged before advising a client on next steps. To discuss a § 600 charge, call (888) 437-7747.

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What Leaving the Scene Means in New York

§ 600 creates an affirmative duty to stop and report, not merely a prohibition on driving away. Under § 600(1), a driver who knows or has cause to know that their vehicle caused damage to another person’s real or personal property must stop, exhibit a license and insurance identification, and provide identifying and insurance information to the property owner, or, if that owner is not present, report the incident to the nearest police station or judicial officer. A violation of § 600(1) alone is a traffic infraction, punishable by a fine of up to $250 and up to 15 days in jail. Drivers operating for a transportation network company or a peer-to-peer car-sharing service carry additional disclosure duties under the same subdivision.

§ 600(2) imposes parallel stop-and-report duties where the incident causes personal injury, including a duty to report to a police officer present at the scene. The grading of a § 600(2) violation depends entirely on the specific conduct described in § 600(2)(c), not on any “degree” system. A violation resulting solely from a failure to exhibit a license or insurance identification, or to exchange information, is a class B misdemeanor on a first offense, punishable by a fine of $250 to $500, and a class A misdemeanor on a second or later offense, punishable by a fine of $500 to $1,000. Any other violation of the § 600(2)(a) duties, such as leaving the scene entirely without reporting, is a class A misdemeanor punishable by a fine of $750 to $1,000. A second such violation, after a prior conviction, becomes a class E felony punishable by a fine of $1,000 to $3,000. Where the incident results in serious physical injury, the offense is a class E felony punishable by a fine of $1,000 to $5,000, and where the incident results in death, the offense becomes a class D felony punishable by a fine of $2,000 to $5,000. No New York statute labels any of these outcomes “first degree” or “second degree” leaving the scene; the applicable charge depends on the subdivision and the specific factual trigger involved.

How Mr. Sris and the Firm’s Of Counsel Attorneys Handle These Cases

Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., and the firm’s Of Counsel attorneys begin a § 600 matter by identifying which subdivision applies and which specific factual trigger under § 600(2)(c) the prosecution intends to rely on, since the grading and potential sanction differ substantially between a mere-failure-to-exchange-information charge and a charge alleging the driver left the scene entirely. That distinction affects how the firm evaluates the police report, any witness statements, and any property damage or medical documentation in the file.

Mr. Sris and the firm’s Of Counsel attorneys also examine whether the driver actually knew or had cause to know that an incident causing damage or injury occurred, since § 600 duties attach only once that knowledge threshold is met. Where a case involves a personal-injury incident, the firm reviews whether the grading properly reflects the extent of injury alleged, given the material difference in sanction between a class A misdemeanor, a class E felony, and a class D felony under § 600(2)(c). The firm approaches each § 600 matter individually, because the subdivision charged and the specific facts alleged both drive the range of possible outcomes.

The firm does not offer free consultations, and it does not guarantee a particular result in any § 600 matter. What Mr. Sris and the firm’s Of Counsel attorneys provide is a review of the charging documents, the applicable subdivision, and the procedural options available to the client, communicated directly and without exaggeration. The firm’s intake line is staffed for 24/7 phone intake, allowing a driver facing a § 600 charge to reach the firm promptly after an incident or an arrest.

About Mr. Sris and the Firm’s Of Counsel Attorneys

The firm was founded in 1997 by Mr. Sris, a former prosecutor who now serves as Owner and Founder. Mr. Sris is admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York, and he concentrates in criminal and traffic defense matters across those jurisdictions. His background in accounting and information systems from George Mason University has informed his approach to cases involving documentary and technical evidence, including the incident reports and property damage estimates common in § 600 matters.

Attorneys who are not Mr. Sris practice with the firm as Of Counsel and contract directly with the firm rather than through any intermediary. Mr. Sris and the firm’s Of Counsel attorneys bring courtroom experience to the defense of § 600 charges, from property-damage traffic infractions through felony-grade personal-injury allegations. The firm does not guarantee any specific outcome, and no amount of experience changes the facts of a particular incident or a particular court’s assessment of them. A driver who wants to discuss a § 600 charge can request a consultation by calling (888) 437-7747.

Frequently Asked Questions

What duties does § 600 impose if I am involved in an incident?

§ 600 requires a driver who knows or has cause to know that their vehicle caused property damage or personal injury to stop at the scene, exhibit a driver’s license and proof of insurance, and provide identifying and insurance information to the other party. If that party is not present, the statute requires the driver to report the incident to the nearest police station or judicial officer instead. These are affirmative duties to stop and report, not simply a prohibition against driving away, and they apply differently depending on whether the incident involved property damage under § 600(1) or personal injury under § 600(2).

Does § 600 use “degrees” like some other New York offenses?

No. Unlike offenses that carry statutory “first degree,” “second degree,” or “third degree” labels, § 600 has no degree structure at all. It is organized into two subdivisions, property damage under § 600(1) and personal injury under § 600(2), and the personal-injury subdivision is graded further by the specific factual trigger described in § 600(2)(c) rather than by any degree terminology. A driver should be cautious of any description of a New York leaving-the-scene charge that uses degree language, since the statute itself does not.

What is the difference between a § 600(1) and a § 600(2) charge?

§ 600(1) applies where the incident caused only property damage and is a traffic infraction, punishable by a fine of up to $250 and up to 15 days in jail. § 600(2) applies where the incident caused personal injury, and its penalties range far more broadly, from a class B misdemeanor for a mere failure to exchange information up to a class D felony where the incident resulted in death. The subdivision charged depends on what actually happened during the incident, not on the driver’s intent to leave.

Can a § 600(2) charge become a felony?

Yes. Under § 600(2)(c), a violation involving conduct beyond a mere failure to exchange information, committed after a prior such conviction, becomes a class E felony. A violation where the incident resulted in serious physical injury is also a class E felony, and a violation where the incident resulted in death is a class D felony. Each of these felony tiers carries a fine range set directly in the statute, separate from the misdemeanor fine ranges that apply to less serious § 600(2) violations.

Does it matter whether the other party was present at the scene?

Yes. § 600 requires a driver to exchange information directly with the property owner or injured party when that person is present. When the other party is not present, the statute instead requires the driver to report the incident to the nearest police station or judicial officer. Failing to satisfy either requirement, depending on which applies, can itself form the basis of a § 600 charge, separate from any question of fault for the underlying incident.

This page provides general information and does not create an attorney-client relationship. Case results depend on a variety of factors unique to each case. Results may vary.

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For the background behind a New YorkNew York case, our page explains how New York courts handle leaving the scene.