Leaving the Scene of an Accident With Bodily Injury (Md. Transp. § 20-102)
A crash involving injury changes the leaving-the-scene exposure dramatically. The § 20-103 misdemeanor is a District Court ticket with a $500 ceiling. Section 20-102, the injury variant, is a serious misdemeanor with up to 5 years in prison and a Circuit Court trial.
If you have been charged under Md. Transp. § 20-102, retain counsel before any contact with the investigating officer.
What the statute requires
Section 20-102 of the Maryland Transportation Article requires the driver of a vehicle involved in an accident that results in bodily injury to another person to immediately stop the vehicle at the scene or as close to the scene as possible. The driver must comply with § 20-104, which requires the driver to:
- Give name, address, and vehicle registration number
- Show the driver's license on request
- Render reasonable assistance to any person injured in the accident, including arranging for medical treatment if it is apparent that treatment is necessary or if the injured person requests it
A driver who knew or should have known that bodily injury occurred and who failed to stop and comply is guilty of a misdemeanor under § 20-102.
The penalties
The injury variant carries:
- Imprisonment up to 5 years
- A fine up to $5,000
- 12 points on the MVA record, which triggers a license revocation
If the accident resulted in death, the maximum jumps to 10 years and the variant is sometimes charged under § 20-102(b). See our leaving the scene causing death page.
A § 20-102 conviction is also a conviction the MVA reports to all subsequent insurers. A 12-point assessment is enough on its own to revoke a Maryland driver's license. See the Maryland license suspension lawyer and MVA hearings pages for the MVA-side framework.
How the State proves it
The State has to prove five elements:
- The defendant was the driver.
- The vehicle was involved in an accident.
- The accident resulted in bodily injury to another person.
- The defendant knew or should have known the accident caused bodily injury.
- The defendant failed to stop, identify, and render reasonable assistance.
Element four is the State's main hurdle. The State has to show the defendant knew or had reason to know an injury occurred. A driver who felt an impact but had no reason to know someone was hurt has a defense.
Defenses that work
- No knowledge of injury. The most common defense. A driver who hit another vehicle and saw the other driver get out unharmed had no reason to know an injury occurred. The injury element is then absent.
- No knowledge of the accident at all. A low-speed contact, an impact with a bicycle the driver did not see, or a sideswipe in heavy traffic can support a no-knowledge defense.
- Driver identification. Most § 20-102 cases are built on tag traces and vehicle descriptions. The registered owner is not always the driver. We have won these cases by putting the actual driver on the stand or by showing the State cannot eliminate other drivers in the household.
- Necessity / safety at the scene. Maryland appellate decisions recognize that a driver who leaves the immediate scene because the scene is unsafe (a hostile crowd, an active threat, a need to get to a hospital) may not have violated § 20-102 if the driver promptly reported the accident to police.
- Suppression of statements. Most § 20-102 cases turn on the defendant's statement to police, given without a lawyer in the room after the trooper knocked on the door. A custodial-interrogation challenge can knock out that statement.
- Failed identification by witnesses. Witnesses to a crash often misdescribe vehicles and drivers. A defense investigator can pull the surveillance video from nearby businesses to test the State's identification.
What the case looks like in court
A § 20-102 case starts as a criminal summons or warrant, runs through District Court, and is usually demanded for jury trial in Circuit Court. The defense work happens in the months between the arraignment and the trial date:
- Discovery review (officer reports, witness statements, surveillance video, EDR data)
- Motion to suppress (statement, identification)
- Motion in limine on prior driving record
- Defense investigation (reconstruction expert, witness interviews)
- Plea negotiation with the State's Attorney's Office
A defense lawyer who arrives at the trial date with the State's evidence already taken apart in motions has a different conversation than one who comes in cold.
Why a fast retainer matters
Three reasons to retain counsel before the next court date:
- The investigating officer will try to interview the defendant. A statement in that interview, without a lawyer, ends the case.
- The State's deadline to seek the maximum 5-year sentence is the same as the trial date. Negotiating early gives the defense the most leverage.
- A § 20-102 charge often comes paired with DUI, reckless driving, or vehicular homicide. The whole package has to be defended together.
For related charges, see Maryland DUI, drugged driving, reckless driving, and our vehicular manslaughter and DUI homicide page.
Prince George's County practice notes
PG County prosecutes § 20-102 cases out of Hyattsville District Court and Upper Marlboro Circuit Court. The PG County PD and MSP both work these cases. Bond on a § 20-102 charge depends on the defendant's prior record and the severity of the victim's injuries. See our PG County bail process, Prince George's County arrested, what to do, and bail review lawyer pages for the first 48 hours.
Contact us for a free, confidential consultation. We defend Md. Transp. § 20-102 cases across Maryland. Contact FrizWoods.