UCMJ Article 112a

UCMJ Article 111

Leaving Scene of Vehicle Accident


The MCM states under Article 111, a service member may be subject to prosecution if they:

  1. are the driver of a vehicle that is involved in an accident that results in personal injury or property damage; and
  2. wrongfully leaves the scene of the accident
    1. without providing assistance to an injured person; or
    2. without providing personal identification to others involved in the accident or to appropriate authorities;

or if they:

  1. are the senior passenger in a vehicle that is involved in an accident that results in personal injury or property damage;
  2. are the superior commissioned or noncommissioned officer of the driver of the vehicle or is the commander of the vehicle; and
  3. wrongfully and unlawfully orders, causes, or permits the driver to leave the scene of the accident
    1. without providing assistance to an injured person; or
    2. without providing personal identification to others involved in the accident or to appropriate authorities.

In order to be prosecuted as a driver for leaving the scene of an accident, the prosecution must demonstrate:

  1. the accused was the driver of a vehicle;
  2. while the accused was driving the vehicle was involved in an accident;
  3.  the accused knew that the vehicle had been in an accident;
  4. the accused left the scene of the accident without (providing assistance to the victim who had been struck (and injured) by the said vehicle) or (providing identification); and
  5. such leaving was wrongful.

To be prosecuted as a senior passenger leaving the scene of a vehicle accident, the prosecution must prove:

  1. the accused was a passenger in a vehicle which was involved in an accident;
  2. the accused knew that said vehicle had been in an accident; and
  3. the accused was the superior commissioned or noncommissioned officer of the driver, or commander of the vehicle, and wrongfully and unlawfully ordered, caused, or permitted the driver to leave the scene of the accident without (providing assistance to the victim who had been struck (and injured) by the said vehicle) (or) (providing identification).

 

Understanding Article 111 (Leaving Scene of Vehicle Accident) of the UCMJ

Article 111 covers “hit and run” situations where there is damage to property other than the driver’s vehicle or injury to someone other than the driver or a passenger in the driver’s vehicle. It also covers accidents caused by the accused, even if the accused’s vehicle does not contact other people, vehicles, or property. Actual knowledge of an accident is required; however, circumstantial evidence may be used to prove such knowledge. A passenger, other than a senior passenger, may also be held liable under Article 111.

 

Maximum Possible Punishment for Violations of Article 111

Service members who are convicted of a violation of Article 111 face a maximum possible punishment of a bad-conduct discharge, forfeiture of all pay and allowances, and confinement for 6 months.

 

How do you defend against Article 111 Leaving Scene of Vehicle Accident charges?

When you are facing the combined resources of the military as well as the current cultural climate, you need to be prepared to defend your career and your freedom. Crisp and Associates, LLC has a team of experienced trial attorneys who have won these cases. This team includes the firm’s founder, Jonathan Crisp, a highly respected former Army JAG with over 17 years of experience in military law and a sought-after speaker and lecturer on military law. In 2015 the firm recruited R. Davis Younts, a former prosecutor who was the number one rated Senior Defense Counsel in the Air Force and has taught at the Army and Air Force JAG Schools and successfully achieved acquittals in multiple rape, sexual assault, and sexual contact cases in courts-martial in multiple branches of the service.

If you or someone you know is facing Article 111 charges for Leaving Scene of Vehicle Accident, you need to speak with a Military defense attorney right away. Please call Crisp and Associates Military at 888-347-1514 for a free consultation.

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