Accident Involving Damage to Vehicle Attorney

Accident Involving Damage to Vehicle

Accident Involving Damage to Vehicle is a driving offense where a person is charged for failing to take action (or do certain things) after an accident. Under this law, there are three things a person must do after an accident:

immediately stop the vehicle or stop as close as possible to the scene of the accident,
immediately return if the vehicle is not stopped at the scene of the accident;
and, remain at the scene of the accident until the person complies with the requirements of Section 550.023.

Notice that the last item listed requires compliance with another code section, Section 550.023. This section deals with the Failure to Render Aid, a different offense involving an accident with injury. Under that section, a driver must give their name and address, the registration number of the vehicle, and the name of the insurance company to the other party. Also, if requested (and curiously, only if available to the driver), show their driver's license. Lastly, the driver must provide any person injured in the accident reasonable assistance. In this context, the "driver" means the person driving a vehicle that is the suspect or accused.

You can read the specific Statute and more information on Punishments for DWLI below.

What You Need to Know

Accident Involving Damage to Vehicle is one of those offenses that unfortunately comes down to who calls the police first. Often, with minor accidents, a complaint files a police charge -- not at the time of the accident -- but after an insurance claim in denied. But because prosecutors will have an actual 'victim' on the case, they will be reluctant to dismiss. Usually, paying restitution for the other person's deductible is a prosecutor's prerequisite to getting a case reduced or dismissed.

Documentation is key in Accident Involving Damage to Vehicle cases, including taking your own photos soon after the accident, keeping insurance records, statements, and civil proceedings, if it goes that far. It's important to note that Accident Involving Damage to Vehicle only deals with accidents without injury to the drivers. If there is an injury, the offense could be changed to a Felony.

Closely Related Offenses

Related areas to Accident Involving Damage to Vehicle include offenses such as Reckless Driving, or if the police show up and chase a suspect, Evading Arrest

If you're looking for other offenses that are related to this one, you can see more information below, or click related legal offenses.

Jail Release and Bond for Accident Involving Damage to Vehicle

Accident Involving Damage to Vehicle arrests will usually result in jail -- and a bail bond will be required for release from Jail. An Attorney can help obtain a Personal Bond for Accident Involving Damage to Vehicle by arguing to a Judge for release. This will require hiring the attorney for both the jail release and representation on the case itself; although typically the jail release fee is the deposit for representation.

Sometimes an officer will file arrest warrant for Accident Involving Damage to Vehicle, which will require a Walkthrough to clear the Arrest Warrant. Doing a Walkthrough quickly is important, because most of the time a person does not go into the jail during the surrender process. Call us for more details if you have an active Travis County Arrest Warrant for Accident Involving Damage to Vehicle.

Keates Law Firm can act quickly to assist with a personal bond to release that person. Be sure to read more about Bond, Personal Bonds, and Travis County Jail Releases.

Defenses for Accident Involving Damage to Vehicle

Defenses often include that there was no safe place to immediately stop. In fact, the statute actually addresses situations on highways or other roads that do not have safe areas to stop. Subsection (b) states that if an accident occurs on a "main lane, ramp, shoulder, median, or adjacent area of a freeway in a metropolitan area," then the driver may move the car (assuming it can be driven) to a suitable location.

'Suitable' would depend on the road, traffic, and areas nearby, but the statute specifically lists, "if available, a location on the frontage road, the nearest suitable cross street, or other suitable location..." Lastly, the statute does mention an effort to "minimize interference with freeway traffic" which can be important in cases where an accident occurs in a high traffic area.

If you'd like to talk in detail about your situation, or if you have questions, contact us for a Free Case Consultation. Keep in mind, Keates Law Firm only practices in Austin and Travis County.

Work with an Experienced Accident Involving Damage to Vehicle Attorney

Hiring the right attorney from the beginning is important. Poor legal decisions will have a negative effect upon the case as it progresses. The Keates Law Firm has over 16+ Years Experience handling Accident Involving Damage to Vehicle cases. Our focus is to try and have the case dismissed against you. We don't even discuss pleas until all legal and negotiation options have been explored in detail.

Call Us to talk about your particular case and situation. It's a 100% Free Phone Consultation with Criminal Defense Attorney Keates. No Sales Pitches, No Hassles. We'll see if we are the right Law Firm for you, and give you a quote. Be sure to check out Keates Law Firm's Reviews and also our past cases and Results.

How We Can Help

Your goal should be Dismissal for any Accident Involving Damage to Vehicle charge. While not every case can be dismissed, often times the goal becomes avoiding jail, or getting a reduced charge, or even getting a favorable probation with a possible dismissal at the end, called Deferred Adjudication. If dismissed, a person can later seek an Expunction of a Criminal Record, which is where a Judge Orders the offense records destroyed, including police reports, court records, and prosecutor files.

Likewise, if Deferred Adjudication is successfully completed, the person can have thier record sealed through Motions for NonDisclosure.

Benefits of Working with Keates Law Firm:

Direct Access to Attorney's Email and Cell (Texting Okay!)
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Our Reviews and Results

Our Results Speak for Themselves. Keates Law Firm has a record of Dismissals and Acquittals in a variety of criminal cases. We are dismissal focused, and we get results.

DWI Jury Trial: NOT GUILTY
Harassment Offense: Jury Trial: NOT GUILTY
Felony Possession of Marijuana/Hashish Dismissed
DWI 2nd (Drugs): Dismissed
DWI (Alcohol and Drugs): Dismissed
Felony Theft of Stolen Property: Dismissed
Assault, Bodily Injury: Jury Trial: NOT GUILTY
See More Results!

Texas Transportation Code ?? 550.022. Accident Involving Damage to Vehicle.

(a) Except as provided by Subsection (b), the operator of a vehicle involved in an accident resulting only in damage to a vehicle that is driven or attended by a person shall: (1) immediately stop the vehicle at the scene of the accident or as close as possible to the scene of the accident without obstructing traffic more than is necessary; (2) immediately return to the scene of the accident if the vehicle is not stopped at the scene of the accident; and (3) remain at the scene of the accident until the operator complies with the requirements of Section 550.023.
(b) If an accident occurs on a main lane, ramp, shoulder, median, or adjacent area of a freeway in a metropolitan area and each vehicle involved can be normally and safely driven, each operator shall move the operator's vehicle as soon as possible to a designated accident investigation site, if available, a location on the frontage road, the nearest suitable cross street, or other suitable location to complete the requirements of Section 550.023 and minimize interference with freeway traffic.

Source: Texas Constitution and Statutes

What are the Punishments?

Punishments for a DWLI or DWLS are generally fines and court costs; rarely in Austin does a Accident Involving Damage to Vehicle ticket result in jail time or probation, especially if you have an attorney who can help you get a valid license or Occupational License.

Penalties for Accident Involving Damage to Vehicle

Level of Offense	Punishment
Class C Misdemeanor	Not Jailable, No more than $500 fines
Class B Misdemeanor	Not more than 180 days in a county jail, and/or no more than $2,000 fines
Class A Misdemeanor	Not more than 1 year in a county jail, and/or no more than $4,000 fines

Frequently Asked Questions

Do I need an Attorney to get an Occupational License?

No. But the process for getting an Occupational License is a little different for attorneys. We can speed up the process, navigate the court system and the clerk's office, and E-File your documents to get the earliest hearing date possible. Plus, we do all the paperwork for you, and go to court for you. All you'll need to do is sign some papers, get insurance and a few other items, and you're done.

Do I need to clear traffic warrants and tickets, or pay all my DPS Surcharges first?

No. The Occupational License lets you drive over the suspension, regardless of unpaid tickets or owed surcharges. You'll need to take care of those items before your actual Texas Driver's License can be reinstated, but they will not prohibit you from using an Occupational License in the meantime. BUT! Surcharges (aside from DWI) are now over in Texas, as of 2019.

I have several warrants for outstanding tickets. Can I still get an Occupational License?

Yes, a lawyer can help obtain an Occupational License even if you have pending ticket or cases, whether in Austin or elsewhere. This also includes warrants, although it's always a good idea to clear up active warrants. You will need to pay or resolve the warrants and tickets before having your actual Driver's license reinstated in the future.

How Long do Occupational Licenses last?

We make our Occupational Licenses valid for up to two years, as long as the Judge agrees. At the end of two years, if your driver's license is still suspended, a Lawyer can apply for an extension.

What if I never had a License? Can I still get an Occupational License?

If you were never issued a Texas Driver's License, or your license has expired, a Lawyer can arrange a new driver's test with Austin or Travis County DPS to validate your Occupational License

When Can I Get My Regular License Back?

It depends on your suspensions and lengths, as well as the fees and surcharges you owe. Each case is different, but our lawyers handle a variety of ODL cases.

What is SR22 and why do I need it?

SR22 is a component of auto insurance that notified the State (Austin DPS) if you lapse in coverage. in other words, SR22 guarantees that Austin DPS will know if you don't have insurance. It is required on all Occupational Driver's Licenses, even if you have never had a DWI in Austin or Texas.

Can I get an Occupational License myself, without a Lawyer?

You may be able to, depending on the County and Court/Judge, but compared to other types of lawyers fees, Occupational Licenses are reasonably priced (at least with our office). The law and standard forms are constantly changing, and you want an Occupational License done correctly the first time, so you can legally drive as soon as possible. The wisest choice is to have an lawyer complete the process -- plus, you don't have to come to court! (in Austin only).

What are my chances of having the Occupational License granted if I hire you?

Unless you have a very rare convictions such as Vehicular Assault or Manslaughter, then the chances are extremely high of the Occupational License being granted. At worst, a Judge may question certain hours or locations, but typically the Petition is granted.

How Long will it take for you to get my Occupational License?

An Occupational License typically takes about a week to obtain through our office, although we have obtained Occupational Licenses for some clients the very next day. The faster you can gather the required items necessary to obtain an Occupational License, the faster we can set the hearing and get you driving legally.

Do you Offer Payment Plans for Occupational Licenses?

Usually no, since the process for an Occupational License is so quick -- often a week or less. However, through Paypal we can now offer our clients no interest financing with no payments for six months. See the banner logo at the top right of this page.

When Can I Start Driving After the Occupational License is Granted?

As soon as the Certified Order is in your car, along with SR22 insurance, you can legally start driving. That means you can begin driving once the hearing is finished and we return the paperwork to you.

What are my chances of having the Occupational License granted if I hire you?

How Long will it take for you to get my Occupational License?

Can I use my Class A or B License for Commercial Driving with an Occupational?

No, Occupational Licenses cannot be used for a Class A Commercial Driver's License; only for personal Class C Texas Driver's Licenses.

Is there a Logbook Requirement in Travis County?

Yes, all County Court Judges in Travis County are now requiring a Log Book to be kept, noting when and where you're driving.

Are the Requirements Different for Occupational Licenses after a DWI?

They can be, mainly requiring an Ignition Interlock Device (IID), which is a device installed in your car that tests your breath for alcohol prior to starting the vehicle. Occupational Licenses based on a DWI suspension are also subject to closer scrutiny in terms of hours and locations being requested to drive upon.

Will you also handle my DWI or DWLI?

Yes, Keates Law Firm practices a broad range of Criminal Defense cases, and can handle your DWI and DWLS/DWLI case along with the Occupational License; in fact, when we're handling your case, such as a DWI or DWLI, we don't charge you extra for the Occupational License -- it's included!

When can I get my regular Texas Driver's License back?

At the end of your suspension period, assuming you have picked up no new tickets/offenses and assuming you are current or have paid off surcharges, you will be eligible for your Texas Driver's License (since you've paid the reinstatement fees ahead of time). It's always our advise to check with DPS the day before, and after, your suspension is supposed to be up, since DPS may change your status.

What is a Hardship License?

There are several terms used to describe a temporary license in Texas, used when a person's normal DPS issued driver's license has been suspended: Hardship License, Revoked Permit, Temporary Driver's Order, and more. But the legal term and one most commonly used is an Occupational Driver's License.

Accident Involving Damage to Vehicle