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Wisconsin Hit & Run Penalties - Any Injury or Death - Felony

In Wisconsin “Hit & Run” is known as “Duty upon striking person or attended or occupied vehicle” per Wisconsin Statute 346.67.  This provision says:

(1)  The operator of a vehicle involved in an accident shall reasonably investigate what was struck and if the operator knows or has reason to know that the accident resulted in injury or death of person or in damage to a vehicle that is driven or attended by a person, the operator shall stop the vehicle he or she is operating as close to the scene of the accident as possible and remain at the scene of the accident until the operator has done all of the following:

(a)  The operator shall give his or her name, address and the registration number of the vehicle he or she is driving to the person struck or to the operator or occupant of or person attending any vehicle collided with;  and

(b)  The operator shall, upon request and if available, exhibit his or her operator’s license to the person struck or to the operator or occupant of or person attending any vehicle collided with;  and

(c)  The operator shall render reasonable assistance to any person injured in the accident, including transporting, or making arrangements to transport the person to a physician, surgeon, or hospital for medical or surgical treatment if it is apparent that medical or surgical treatment is necessary or if requested by the injured person.

If ANY injury is involved, it is a FELONY and the penalty is a maximum possible fine of $10,000.00 or imprisonment for not more than 9 months.  Even very minor injuries qualify for issuance of a felony charge.  Typically any penalty clause carrying a penalty of up to 9 months in jail and up to a $10,000.00 fine would be a misdemeanor – that is not the case with a hit and run involving any injury.

I have observed other attorney blogs incorrectly stating that injuries not rising to the level of “great bodily harm” make the Hit & Run a misdemeanor – this is incorrect.

Felonies convictions carry, among other things, loss of firearm privileges (including hunting privileges), voting rights, loss of certain professional licenses, prohibited entry into various countries and other rights.

If the Hit & Run incident involves great bodily harm, it is a Class E felony, with imprisonment up to 15 years, a $50,000.00 fine or both.  If death, it is a Class D felony, with imprisonment up to 25 years in prison, a $100,000.00 fine or both.

If you are involved in a Hit & Run accident which may, or does, involve any type of injury, you should immediately consult an experienced attorney for proper advice and representation.  Courtney & Molter, S.C. has provided quality representation on criminal traffic cases for 3 decades throughout the State of Wisconsin, and in Milwaukee, Racine, Waukesha, Kenosha, Ozaukee, Walworth, Washington, Sheboygan and all other counties in the State.

Call us at (414) 224-6070 or check out our website at   You may email us questions from our website as well.