Denver Hit & Run — Vehicle Attended by a Person (C.R.S. 42-4-1602)

Leaving the Scene of an Accident (Damage to an Attended Vehicle)

When a vehicle is hit and someone is present — driving it or attending it — Colorado law treats leaving as a crime, not “just insurance.” Even if damage is minor, prosecutors see this as walking away from a person, not a bumper.

If you’re facing a hit-and-run charge in Denver, early defense matters — fast.


✅ What Colorado Law Requires

C.R.S. 42-4-1602 + 42-4-1603 + 42-4-1606

If you are involved in an accident that causes damage to a vehicle that is driven or attended by any person, you must:

1. Stop at the scene (or as close as safely possible).

   ▪︎ C.R.S. 42-4-1602(1)

2. Remain at the scene

   ▪︎ Until all required duties are completed.

3. Perform the required duties under C.R.S. 42-4-1603(1):

   ▪︎ Provide your name, address, and vehicle registration

   ▪︎ Exhibit your driver’s license upon request

   ▪︎ Provide insurance information

   ▪︎ Render reasonable assistance if requested

4. Report the accident.

   ▪︎ C.R.S. 42-4-1606 (duty to report applies regardless of whether someone else already called)

➡️ The duty to report does not disappear just because:

   • Someone else called 911

   • Police are on their way

   • “We’ll just handle through insurance later”

You can comply with your legal duties without giving self-incriminating statements.

Legal duty to stop, remain, provide info, and report.

Constitutional right not to incriminate yourself.

Both can be honored — without speaking to investigators.


⚠️ Penalties & “Charge Stacking” — The Real-World Problem

Here’s what most people don’t realize about hit-and-run cases:

Police stack charges.

Like potato chips. They never stop at just one.

When a vehicle is attended — meaning someone was:

  • driving it, or
  • standing next to it, or
  • sitting inside it as a passenger (even if the driver walked into the convenience store) —

officers almost never write only:

42-4-1602 — Leaving the scene (attended vehicle)

They typically pile on additional counts:

ChargeStatuteDMV Points
Leaving the scene (attended vehicle)42-4-160212 points
Failure to report accident42-4-160612 points
Careless driving (“the bonus charge”)42-4-14024 points

➡️ Typical stack: 12 + 12 + 4 = 28 points.

Twenty-eight points.

DMV only needs 12 points in 12 months to suspend an adult license.

42-4-1603 (duty to give information/render aid) is not a standalone charge.

It is a duty statute that is enforced through 1601, 1602, or 1606 — the counts that carry penalties and DMV points.


Stacking gives the system leverage:

  • More counts = more pressure
  • More points = easier path to suspension
  • More filings = more negotiating “weight”

One bumped mirror → multiple charges → license in jeopardy.


In many cases, the real work happens before charges are filed.

If insurance has resolved the damage and responsibility is clear, sometimes the case never gets filed —

but that outcome requires timing and control, not assumptions.

Defense goal:

🔹 Unstack the charges

🔹 Analyze each statutory obligation separately

🔹 Protect the driver’s record and license

Every case is fact-specific, and officers and prosecutors make independent charging decisions —

but stacking is standard practice in Colorado.


🚓 How Hit-and-Run Investigations Actually Start

Most investigations begin before charges are filed. Common triggers include:

  • Plate readers (LPR camera hits)
  • Surveillance camera pulls (businesses / intersections / home Ring systems)
  • A letter from a police traffic investigations unit requesting inspection of the vehicle
  • Insurance reporting + subrogation inquiries

Do not assume investigators “just want your side of the story.”


✅ My Role in Pre-Charge Intervention

✔️ Protect your rights

✔️ Communicate with investigators for you

✔️ Control the narrative — instead of reacting to it

You speak directly with me — not a case manager.


Defense Strategies from a Denver Hit & Run Attorney

Every case is unique. Strategic defenses may include:

  • Identity (can they prove you were the driver?)
  • Knowledge (did the driver reasonably know a collision occurred?)
  • Extent of damage (is the “damage” supported by credible evidence?)
  • Mitigation / civil resolution (insurance + restitution can open the door to dismissal or reduction)

Early involvement = best leverage.


Collateral Consequences

  • License revocation (12 points)
  • Insurance cancellation or massive rate increase
  • Civil liability exposure
  • Permanent criminal record (Class 2 misdemeanor traffic conviction)

A single moment shouldn’t define your future.


❓ FAQ


Q: If the other driver already called the police, do I still have to report it?


A: Yes. The duty to report under C.R.S. 42-4-1606 applies to the driver — not the bystander, not the other driver, not the officer.


Q: Do I need to go to court?


A: In some cases, I can appear for you — especially if you live out of state. Final appearances may require you to be present.


🔗 Looking for other hit-and-run pages?

➡️ Denver Hit and Run – Serious Bodily Injury (Felony)
➡️ Denver Hit and Run – Resulting in Death (Felony)


📞 Call Me Today

If you’ve been accused of leaving the scene of an accident in Denver, don’t talk to investigators before talking to counsel.

Call Denver Hit & Run Lawyer Monte Robbins at 303-355-5148

Free, confidential consultation.

You speak directly with me — not a screener.




Client Reviews

An excellent lawyer choice for my son who was charged with driving while his license was revoked. DMV had mistakenly sent (3) letters of revocation to the incorrect address, so I hired Monty to prove that my son never knew his license was revoked. Monty kept me informed at all times as to what was...

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I consulted three other attorneys on my traffic offense in Colorado and none of them thought I could beat it. Then I consulted with Monte Robbins. He not only relieved my warrant without my presence in Colorado, but he got my habitual driving offense reduced to an infraction. I was up against the...

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I hired Monte J. Robbins to represent me. He gave 110% to my case never rushed me off the phone, quick to gather all information regarding my case. Monte is very knowledgeable and helped me out a lot. He kept me informed every step of the way through my case. I was always able to get a hold of him...

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