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Evidence Of Guilt In An LSA (Leaving The Scene of An Accident) Case

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LSA, or leaving the scene of an accident, can be a misdemeanor or felony depending on whether the alleged victim is seriously injured.

However, a criminal case requires the state to prove the accused guilty. So what is the evidence of guilt in an LSA case?

An LSA case can involve one witness (the alleged victim) or several witnesses if the accident occurs on a crowded street.

Assume there is only one witness - the alleged victim. Can he or she identify the driver of the other car?

Most LSA suspects are identified by their tag number, since if somebody quickly leaves the scene of an accident, all that's visible is their tag. If the cops discover damage to that vehicle, they will put two and two together and place the accused under arrest.

If the alleged victim, however, can't identify the driver of the car, that may create reasonable doubt which could lead the prosecutor to drop the case or could persuade a jury to find you not guilty at trial.

If you are arrested or issued a Promise to Appear (PTA) several days after the accident and the damage has already been repaired, unless the alleged victim can positively identify you as the driver, the evidence of guilt against you is weak, which could result in the dismissal of your charges.

Discuss with your attorney the strengths and weaknesses of your case. It may be worth it to set your case for trial to see if the state can prove the charges against you.