Quick answer: Hit and run is not one offense in Maryland, and which section is on your citation changes everything. Leaving the scene of a crash that hurt someone is Md. Code, Transp. § 20-102 — up to a year in jail, a $3,000 fine, and 12 points, the exact number that revokes a Maryland license. Leaving after clipping a parked car is § 20-105 — up to 2 months, $500, and 8 points. All are must-appear charges, heard in La Plata.
I’m David Waranch, and I’ve handled thousands of Maryland traffic cases. The first thing I do on one of these is read the charging section — clients often arrive terrified of a felony when the paperwork says something much less serious.
Injury and Property Damage Are Different Crimes
Maryland sorts these charges by what the accident caused, not by how the driver behaved. § 20-102 is injury or death. § 20-103 is damage only to an attended vehicle. § 20-105 is the unattended parked-car case. § 20-104 is not a hit and run section at all but the duty to render aid and give information. Statewide treatment: leaving the accident scene in Maryland and property damage vs. injury.
What the Statutes Require You to Do
Two layers: stop and stay, then aid and inform. Each stopping section points forward to § 20-104, so doing one and not the other still leaves you charged.
| Section | Duty it imposes | When it applies |
|---|---|---|
| § 20-102(a), (b) | Stop as close as possible to the scene without obstructing traffic more than necessary; return to and remain there until you have complied with § 20-104 | Accident results in bodily injury or death |
| § 20-103 | Stop; return to and remain until you have complied with § 20-104 | Damage only, to an attended vehicle or property |
| § 20-105 | Stop; attempt to locate the driver or owner and give your name, address, tag number and the owner’s name and address; if you cannot locate them, leave written notice with that information in a conspicuous, secure place on the damaged vehicle or property | Damage only, to an unattended vehicle or property |
| § 20-104(a) | Render reasonable assistance to anyone injured, and arrange transportation for medical treatment if it is requested or apparently necessary | Injury, death, or attended property damage |
| § 20-104(b), (c) | Give your name, address and tag number, and show your license on request, to anyone injured, to the other driver or attendant, and to any investigating officer | Injury, death, or attended property damage |
| § 20-104(d) | If no officer is present and nobody is in a condition to receive the information, immediately report the accident to the nearest police authority | Injury, death, or attended property damage |
| § 20-105.1 | Also give your insurance carrier, policy number and local agent | Any accident under § 20-104 or § 20-105 |
Two deserve emphasis. Under § 20-104(d), “nobody was around” does not end your obligation — it converts it into a duty to call police at once. And the § 20-105 note under the wiper blade is not a courtesy; it is the statute being satisfied.
Penalty Tiers and Points
Maximums come from the statutes; points from the District Court’s preset fine schedule (Rev. 10/2025), which lists every charge below as “MA” — must appear, no option to prepay.
| Charge | What triggers it | Maximum on conviction | Points |
|---|---|---|---|
| § 20-102(a) — injury | Accident results in bodily injury; driver fails to stop, return or remain | 1 year and/or $3,000 | 12 |
| § 20-102(b) — death | Accident results in death; driver fails to stop, return or remain | 5 years and/or $5,000 | 12 |
| § 20-102(c)(3)(i) — felony | Driver knew or reasonably should have known the accident might cause serious bodily injury, and it did | 5 years and/or $5,000 | 12 |
| § 20-102(c)(3)(ii) — felony | Driver knew or reasonably should have known the accident might cause death, and death occurred | 10 years and/or $10,000 | 12 |
| § 20-103 — attended property | Damage only, where someone was with the vehicle or property | 2 months and/or $500 | 8 |
| § 20-105 — unattended property | Damage only, to a parked car or unattended property | 2 months and/or $500 | 8 |
| § 20-104 — aid and information | Failure to render aid, give ID, show license, or report to police | 2 months and/or $500 | 0 |
The felony line is drawn by a definition, not by the prosecutor’s adjective:
“In this subsection, ‘serious bodily injury’ means an injury that: (i) Creates a substantial risk of death; (ii) Causes serious permanent or serious protracted disfigurement; (iii) Causes serious permanent or serious protracted loss of the function of any body part, organ, or mental faculty; or (iv) Causes serious permanent or serious protracted impairment of the function of any body part or organ.” — Md. Code, Transp. § 20-102(c)(1)
The points matter as much as the jail exposure. Under Transp. § 16-404 the MVA must suspend a driver who reaches 8 points in any 2-year period and revoke at 12. A single § 20-102 conviction reaches revocation by itself; § 20-103 or § 20-105 reaches suspension. Hence the parallel need for a Charles County MVA hearing lawyer.
“It was just a parked car” is the most expensive thing people believe about this charge. Failing to stop for damage to an unattended vehicle is not a ticket you can mail a check for. It is a must-appear criminal misdemeanor carrying 8 points — precisely the number at which § 16-404 requires the MVA to issue a notice of suspension. One conviction for a parking lot scrape can cost you your license.
The Payable Citations That Come With It
Officers often add payable citations to a must-appear hit and run charge, and those are the ones clients quietly pay before calling me. § 20-105.1, no insurance information: $140, 0 points. § 20-107, no MVA report within 15 days of an injury or fatal accident: $140, 5 points.
Do not pay either while the main charge is pending. Paying a preset Maryland fine is a guilty plea and creates a conviction the prosecutor can point to. A waiver hearing or trial keeps a non-conviction disposition open, including probation before judgment under Crim. Proc. § 6-220, which paying forecloses. It is a trade-off, not a free option — the judge can raise the fine, up to $500 — but against 5 points and a conviction that is usually a bargain. More: payable vs. must-appear tickets.
“I Did Not Know I Hit Anything” Is a Real Defense
State this precisely, because the statute and the case law differ. The text of § 20-102(a) and (b) is silent on knowledge — the driver “immediately shall stop” and “shall return to and remain,” with no mental state stated. Knowledge appears expressly only in § 20-102(c)(3), the felony enhancements. Read alone, the section looks like strict liability.
Maryland’s highest court read it otherwise. In General v. State, 367 Md. 475, 789 A.2d 102 (2002), the Court of Appeals held that a § 20-102 conviction requires a finding beyond a reasonable doubt that the defendant “knew or should have known that an accident occurred.” Knowledge is an element the State must prove.
So a driver who genuinely did not perceive a low-speed contact — a mirror clip, a bumper touch while parking, an impact felt as a pothole — is missing an element, not offering an excuse. But “should have known” is objective: the State can win by showing a reasonable driver would have noticed. The fight is evidentiary — damage patterns, vehicle height, speed, what the camera shows. More on a hit and run you did not know happened.
How These Cases Move Through the Charles County Courts
The District Court of Maryland for Charles County sits in La Plata, where a charge out of Waldorf, White Plains, Indian Head, Bryans Road or Cobb Island is first scheduled. Whether it stays there depends on the penalty. Under Cts. & Jud. Proc. § 4-302(e), a defendant is not entitled to a jury trial unless the offense permits more than 90 days’ imprisonment, and the District Court loses jurisdiction when an entitled defendant demands one. A § 20-102 charge carries a year or more, so a jury trial can be prayed and the case moves to the Circuit Court for Charles County. A § 20-103 or § 20-105 charge maxes out at 2 months and stays in La Plata.
Restitution is the other lever, and it is underused. Documenting and offering repair costs early gives a prosecutor a concrete reason to agree to a disposition that keeps 8 points off your record.
If an Officer Calls Asking for Your Side of the Story
Most of these cases start days later, with a call from an investigator who has a tag number and wants to know whether you were driving. It is friendly and it is an interview. Because knowledge is the contested element, the State’s best evidence is usually the driver’s own words: “I felt something but thought it was a curb” concedes perception.
You are not obligated to give a statement. Do preserve what helps: photographs before the vehicle is repaired, any dashcam file, insurance correspondence. And expect company on the charging document — I defend these alongside Charles County DUI, reckless driving, driving while suspended and driving without insurance, plus the full range of Charles County traffic and statewide Maryland traffic violation matters.
Charles County Hit and Run: Common Questions
Usually not. Leaving an injury scene under Transportation § 20-102(a) is a misdemeanor carrying up to 1 year and a $3,000 fine. It becomes a felony only under § 20-102(c)(3), which requires that the driver knew or reasonably should have known the accident might cause serious bodily injury or death and that the result actually occurred. Property damage cases under § 20-103 and § 20-105 are never felonies; they cap at 2 months and $500.
No. In General v. State, 367 Md. 475 (2002), Maryland’s highest court held that a § 20-102 conviction requires proof beyond a reasonable doubt that the defendant knew or should have known that an accident occurred. Genuine lack of knowledge defeats the charge. The standard is partly objective, though, so the State can still prevail by showing that a reasonable driver would have noticed the impact.
Transportation § 20-105 tells you exactly what to do. Stop, attempt to locate the driver or owner, and give your name, address, tag number and the vehicle owner’s name and address. If you cannot locate them, leave a written notice with that information in a conspicuous, secure place on the damaged vehicle or property. Leaving that note satisfies the statute. Driving off without one is a must-appear misdemeanor carrying up to 2 months, a $500 fine and 8 points.
If you have been charged, or an investigator has called, the useful window is now — before a statement, before the vehicle is repaired, before a companion citation is paid. Call 301-563-9575 and tell me what the citation says.
Law Offices of David R. Waranch — 301-563-9575 · toll-free 1-877-566-2408. Hablamos Español.
Last updated: August 2026. Statutory references: Md. Code, Transp. §§ 20-102, 20-103, 20-104, 20-105, 20-105.1, 20-107, 16-404; Cts. & Jud. Proc. § 4-302; Crim. Proc. § 6-220; General v. State, 367 Md. 475, 789 A.2d 102 (2002); District Court of Maryland preset fine schedule DC-CR-090 (Rev. 10/2025). This page is general information about Maryland law, not legal advice, and reading it does not create an attorney-client relationship.