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Racine Hit and Run Attorney - Cafferty & Scheidegger

Is there a hit and run lawsuit filed against you? Cafferty & Scheidegger, S.C. has an aggressive Racine hit and run attorney that can reduce the charges.

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Why Do You Need A Racine Hit and Run Attorney?

Hit and run accidents are a serious offense in Wisconsin and if you are involved in a car accident and fail to stop, then you may be charged with leaving the scene of an accident, commonly referred to as a “Hit and Run”. Even if you are not at fault for the accident, Wisconsin law requires that you stop, exchange basic contact information, and tend to anyone who is injured. Some drivers believe that if no one is injured or if the property damage appears to be minimal, it is not necessary to stop. On the contrary, the law requires that if you are involved in an accident, you must stop, even if you hit an unattended vehicle.

If you were involved in an accident and left the scene of the accident, you need to speak with an attorney who is experienced in Wisconsin Traffic Violations. If you were charged with a hit and run violation, the staff at Cafferty & Scheidegger, S.C., will listen to the facts of your case and aggressively defend you against the charges.

If the crash also produced a reckless-driving citation, the companion Wisconsin reckless driving defense guide explains the traffic-ticket side of that overlap. If alcohol or drug impairment is alleged, pair this page with RacineOWI’s refusal-hearing guide because the license deadline moves faster than the leaving-the-scene case.

What To Do In A Car Accident

If you are in a car accident, Section 346.67 of the Wisconsin statutes requires that you stop and do several things, including:

  • Give your name, address, and registration number to the other driver
  • If the other driver asks, show your driver’s license to the other driver
  • If the other driver or passenger is injured, provide assistance or call 9-1-1

If you strike an unattended vehicle, you are required to make an attempt to locate the car’s owner or leave a note.

Consequences of a Hit and Run Conviction

Leaving the scene of an auto accident is more than a minor traffic violation. You could be charged with a felony and could potentially face jail time. The penalty for a hit and run conviction depends on the extent of injury or property damage.

  • If you leave the scene of an accident where there were no injuries, you could be charged with a misdemeanor. The possible sentence is up to 6 months in jail and a fine of up to $1,000.
  • If you leave the scene of an accident where there were minor injuries, you could be charged with a Class A misdemeanor. The possible sentence is up to 9 months in jail and a fine of up to $10,000.
  • If you leave the scene of an accident where there were serious injuries, you could be charged with a Class E felony. The possible sentence is up to 15 months in jail and a fine of up to $50,000.
  • If you leave the scene of an accident where there was a fatality, you will be charged with a Class D felony. The possible sentence is up to 25 years in jail and a fine of up to $100,000.

Don’t Wait to Be Prosecuted, Contact Us First

If you have been accused of hit and run, there are numerous potential consequences that you could be facing. Thus, it is critical that you have experienced representation who understands the details of the law related to hit and run accidents.

Contact an Experienced Racine Hit and Run Attorney

Racine hit and run lawyer Patrick Cafferty defends the rights of drivers charged with state driving offenses throughout Southeastern Wisconsin. At Cafferty & Scheidegger, S.C., we have years of experience successfully defending clients in Wisconsin traffic courts. Contact the firm to arrange initial consultation with an experienced Racine criminal defense lawyer right away.

Frequently Asked Questions

Is hit and run a felony in Wisconsin?
It depends on whether anyone was injured. Under Wis. Stat. § 346.67, leaving the scene of a property-damage-only crash is a misdemeanor (up to 6 months jail, $1,000 fine). Leaving the scene of a crash with injury is a Class A misdemeanor (up to 9 months, $10,000). Leaving the scene of a crash with great bodily harm is a Class E felony (up to 15 years and $50,000). A fatality elevates it to a Class D felony (up to 25 years, $100,000).
What if I didn't know I hit something?
Knowledge is an element. § 346.67 requires the driver to have known, or to have reasonable grounds to know, that a collision occurred. A driver who genuinely did not feel a low-speed contact in heavy traffic, or who reasonably believed they had only struck a curb or pothole, can defend on the knowledge element. Bodycam, dash-cam, and damage-pattern analysis are central.
How long does hit and run stay on your record in Wisconsin?
A misdemeanor or felony hit-and-run conviction is permanent on CCAP and on your FBI/Wisconsin criminal record. Limited expungement may be available under Wis. Stat. § 973.015 if the offense was committed under age 25 and qualifies (Class H or lower felony, or any misdemeanor) and the court ordered expungement at the time of sentencing. The Wisconsin Motor Vehicle Record entry persists for years separately.
Can a hit-and-run charge be reduced?
Yes, frequently. Charge reductions to a Wis. Stat. § 346.66 'failure to report' civil forfeiture, or to a lesser misdemeanor without the leaving-scene element, are common where the prosecution's knowledge proof is weak. In property-damage-only cases without injury, ordinance-violation amendments avoid a permanent criminal record entirely.
Should I plead guilty to hit and run?
Almost never as a first response. The collateral consequences (insurance non-renewal, CCAP entry, employment background-check hits, immigration problems for non-citizens, professional license consequences) usually outweigh the courtroom outcome. The knowledge element and the injury-classification element are both heavily contestable in most fact patterns.
What's the difference between hit and run and leaving the scene?
They are the same charge in Wisconsin. § 346.67 is titled 'Duty upon striking person or attended or occupied vehicle' and is universally referred to as either hit and run or leaving the scene of an accident. The statute requires the driver to stop, render aid, exchange identifying information, and notify law enforcement when required.
Will hit and run show up on a background check?
Yes. A criminal hit-and-run conviction (any tier) appears on standard criminal background checks, on CCAP, and on the Wisconsin Motor Vehicle Record. For CDL holders, it qualifies as a major violation under 49 C.F.R. § 383.51 triggering a 1-year CDL disqualification on a first offense and lifetime disqualification on a second.
How long do you go to jail for hit and run in Wisconsin?
Statutory maximums under § 346.67: property-damage-only = up to 6 months; injury = up to 9 months; great bodily harm = up to 15 years; death = up to 25 years. Actual sentences for first offenses without prior record and without aggravating injury are usually probation with some conditional jail and restitution. The felony tiers are where exposure becomes serious.
What if no one saw the accident?
The prosecution still has to prove all elements beyond a reasonable doubt: that a collision occurred, that you were the driver, that you knew or should have known of the contact, and that you did not stop. Without a witness, the State usually relies on damage matching, paint transfer, and surveillance video. Each link in that chain is testable, and circumstantial cases often resolve on amended charges.
Should I report a minor accident I drove away from?
Talk to a lawyer first, before filing a self-report. Wisconsin's reporting statute (§ 346.70) requires accident reports under various circumstances, but a self-incriminating statement to police about a delayed report can convert what would have been a § 346.66 forfeiture into a § 346.67 criminal charge. Counsel can advise on whether and how to make a report that protects your position.

Why Choose Cafferty

Free Consultation

From our offices in Racine and Kenosha Wisconsin, the criminal defense lawyers at Cafferty & Scheidegger defend the rights of people charged with state and federal criminal offenses throughout Southeastern Wisconsin (Racine, Kenosha, Walworth). If you or a loved one is charged with a crime, contact us today to arrange a free initial consultation with an experienced Racine criminal defense attorney right away. For urgent matters, you are welcome to call or text us 24 hours a day at (262) 632-5000.

We Defend You

The attorneys at Cafferty & Scheidegger have excellent knowledge of the state and federal court system throughout Southeastern Wisconsin. They are aggressive trial lawyers that are recognized for integrity and hard work. Our law firm’s strength lies in our exceptional pre-trial investigation and case preparation. We come to the prosecutor’s office prepared with the facts and ready to help you get the best possible outcome for your charges. Our priority is always to keep you out of jail and avoid a conviction on your record, whenever possible.

Proven Experience

The dedication of the team at Cafferty & Scheidegger to client service and their record of success has earned them listings as Wisconsin Super Lawyer® from 2008 - 2026. In addition, their reputation for high standards has earned them an AV Distinguished rating by Martindale-Hubbell. Cafferty & Scheidegger is backed by more than 32 years of trial skills and courtroom experience.

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