Article 111 | Leaving Scene of Vehicle Accident

Does Your Command Think You Left the Scene of a Vehicle Accident? Accused of an Article 111 Charge? Don’t go it alone. Military Law Center can help.

The Manual for Courts-Martial, under Article 111 (10 U.S.C. 911), prohibits service members, who are Drivers or Senior Passengers in a vehicle, from leaving the scene of a vehicle accident.  There are two ways in which the Government may prove an Article 111 charge.

Accused as Driver:

1. That the accused was the driver of a vehicle;
2. That while the accused was driving the vehicle was involved in an accident;
3. That the accused knew that the vehicle had been in an accident;
4. That 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. That such leaving was wrongful

Accused as Senior Passenger:

1. That the accused was a passenger in a vehicle which was involved in an accident;
2. That the accused knew that said vehicle had been in an accident; and
3. That the accused was the superior commissioned officer 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).

The terms found within the elements above have specific definitions.  The following definitions apply:

A. Nature of the Offense:
This offense 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.

B. Knowledge:
Actual knowledge that an accident occurred is an essential element of this offense and may be proved with circumstantial evidence.

C. Passenger:
Passengers other than a senior passenger may also be liable under Article 111.

An Article 111 charge or arrest can feel daunting to defend against, but there are defenses available to fight the accusation:

• Lacking Knowledge of the Accident:
  If the driver of the vehicle turned quickly around a corner and caused another drive to swerve into the barrier, the driver may not realize they caused an accident.  If this is the case, lacking knowledge would be a defense, especially if there is no noticeable damage to the driver’s own car.
• Not Involved in an Accident:
  If the accused was not involved in an accident but arrived after, then they would have a defense to this article.
• Not In a Vehicle:
  If a service member ran across the street in front of traffic causing an accident, they would not be subject to this article because they were not in a vehicle when the accident occurred.

Facing accusations of leaving a vehicle accident can be a nightmare. Military Law Center can help.

We understand the complexities of Article 111 charges and have a history of success defending service members. Don’t face these serious allegations alone.

Contact Military Law Center today for a free consultation. We’ll answer your questions, explore your options, and develop a personalized defense strategy to protect your future.

The maximum punishment for Article 111 is a bad conduct discharge, six months confinement, total forfeitures of pay and allowances, reduction in rank to E-1, and other lawful punishments.

The potential penalties for leaving the scene of a vehicle accident depend on the seriousness of the offense. A court-martial may impose a range of punishments, including:

• Confinement:
  The accused may face imprisonment for a period less than six months determined by the court-martial.
• Reduction in rank:
  This could involve a demotion to a lower enlisted grade or officer rank.
• Forfeiture of pay and allowances:
  The accused may lose a portion of their military pay and allowances.
• Bad-conduct discharge:
  This is a less severe form of separation with a negative characterization, potentially impacting future employment opportunities.
• Reprimand or admonition:
  These are non-judicial punishments involving official censure of the accused’s actions.

An Article 111 charge and conviction can have devastating consequences beyond the courtroom. It can damage your reputation within the military, stall your career progression, and potentially hinder future job opportunities in the civilian sector. 

Facing an Article 111 accusation can be a frustrating and stressful experience. At Military Law Center, our attorneys understand the challenges you’re facing, and we’re here to help. Here’s what sets us apart:

• Experienced Military Defense Attorneys:
  Our team is comprised of former military judge advocates (JAGs) with a deep understanding of military law and the UCMJ. We’ve successfully defended countless service members facing all kinds of allegations, and we know how to litigate the complexities of military justice from start to finish.
• Personalized Attention:
  We care for every client as an individual. We’ll take the time to understand your specific situation and develop a personalized defense strategy designed to achieve the best possible outcome.
• Aggressively Protecting Your Rights:
  We’re committed to fighting for your rights and ensuring you receive fair treatment throughout the legal process. We’ll explore all available defenses and work tirelessly to protect your career and reputation.
• Clear Communication:
  We understand legal terms can be confusing. We’ll keep you informed about the progress of your case and explain everything in clear, understandable terms.
• Free Consultation:
  We offer a free consultation to discuss your situation and answer any questions you may have. This allows you to make informed decisions about your defense strategy.

Don’t Face Article 111 Charges Alone. Military Law Center Can Help.

An Article 111 allegation can put you in hot water with your command and law enforcement. But you don’t have to fight by yourself. Military Law Center has a proven track record of successfully defending service members facing the most serious charges. Our experienced military law lawyers understand the military justice system and will work tirelessly to protect your rights and achieve the best possible outcome for your case. 

Contact Military Law Center today for a free consultation.
We’ll stand by your side and fight for you.

Call Us Today – (760) 536-9038