Leaving the Scene

Per New Mexico law, all drivers who are involved in car accidents are required to stop, exchange personal information and render aid if necessary. If law enforcement are called, drivers must also remain at the scene until an officer responds. Unfortunately, despite what the law says, hit and runs continue to happen. If you fled the scene of your Albuquerque accident, whether because of fear of repercussions, lack of knowledge or any other reason, you face criminal and possibly civil penalties. Our team at Simon A. Kubiak, Attorneys At Law, PC will seek to understand your motivation and fight to defend you against any criminal charges that are the result of your actions.

The Law

According to Section 66-7-202 of New Mexico’s motor vehicle code, the driver of any vehicle involved in an accident that results in only damage to a vehicle shall immediately stop the driver of the other vehicle either at the scene of the accident or as close to it as possible. He or she must remain at the scene until he or she fulfills all insurance and information-exchange requirements. Failure to stop may result in a misdemeanor charge.

Failing to stop after an accident that results in the injury or death of another person is a far more serious offense. Per Section 66-7-201, any person who fails to stop and comply with the legal requirements in this type of situation is guilty of a fourth-degree felony. Any person who knowingly fails to stop and comply with the legal requirements is guilty of a third-degree felony. In addition to the legal consequences of a conviction, that person may also be subject to a civil lawsuit.

What To Do If You Failed To Stop

If you fled the scene of your New Mexico car accident, you face both criminal and civil penalties. The courts are unlikely to look favorably on your case, as the simple act of fleeing is an indicator of guilt. An experienced hit-and-run defense lawyer can help change the court’s opinions of you by convincing them that your motivation was entirely pure. Everyone can relate to fear, and it’s entirely possible that you did not understand your obligations under the law. Simon A. Kubiak is prepared to listen to your reasoning and use it to show the courts that you’re only human, and that you acted on instinct rather than a desire to skirt legal consequences.

For the aggressive legal representation your case needs, contact Simon A. Kubiak, Attorneys At Law, PC, today (505) 998-6600.

Contact us Today

If you have questions about our legal services, feel free to get in touch with us right away. We quickly respond to all calls because we understand there is little time for delay when it comes to getting you the representation you need. For your convenience, we also have Spanish-speaking attorneys.


Suite 1A, 1121 4th Street NW, Albuquerque, NM 87102