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Indiana Code is available online on Access Indiana at

www.state.in.us/legislative/ic/code.  Indiana code Chapter 9-26-1 is the

chapter regarding the duties of drivers involved in accidents.  Leaving the

scene of an accident is the failure to comply with one of the duties

specified in this chapter.  Whether of not a crime is charged is at the

discretion of the Prosecutor.  Law enforcement officers present charging

information to the Prosecutor to file charges.  The Prosecutor reviews the

facts of the case to determine if the facts may be proven in court and

whether, in the case of a leaving the scene, a failure to comply with the

duties specified in IC 9-26-1 is indicated.  IC 9-26-1-8 and IC 9-26-1-9

list the possible crimes ranging from a Class C felony if the accident

involves the death of a person to a Class C misdemeanor if the damage is to

an attended vehicle of another.  The maximum penalty for a Class C

misdemeanor is up to 60 days in prison and $500 fine.  However, the actual

sentence is at the discretion of the judge.

 

Susan Dean, Lieutenant

Indiana State Police

Executive Office

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