Scales of justice and a gavel on law books, representing a misdemeanor traffic offense case

Hit And Run (FSGI) Lawyer In Conroe, TX

Failure to stop and give information, or FSGI, is the Texas hit and run offense for a collision where no one was hurt. It is a criminal charge under the Transportation Code, and once damage reaches $200 it carries possible jail time. This page covers the duties, the penalty levels, the defenses and what to do next.

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What Is Failure To Stop And Give Information In Texas?

Failure to stop and give information (FSGI) is the Texas hit and run offense for a collision that damages a vehicle with no injury. Under Transportation Code §§ 550.022 and 550.024, a driver must stop and share name, address, registration and insurance details, or leave a note on an unattended vehicle. It is a Class C misdemeanor under $200 in damage and a Class B at $200 or more.

Source: Texas Transportation Code Chapter 550, Accidents and Accident Reports

Understanding Texas Law

How Does Texas Law Define FSGI?

Texas has two hit and run offenses, and the dividing line is whether a person was hurt. When a collision damaged only vehicles, the charge is failure to stop and give information, known as FSGI.

The offense comes from Transportation Code § 550.022. A driver whose vehicle is involved in a collision that damages another vehicle, driven or attended by someone, has three duties:

  • Stop at the scene, or as close to it as possible without blocking traffic more than necessary
  • Go back right away if the vehicle did not stop there
  • Stay until the information duties in § 550.023 are met

Skipping any one is enough for the charge. Pulling over briefly and leaving before names and insurance change hands still falls inside the statute.

Three situations, three sections of the Transportation Code:

  • Another car with someone in or near it: § 550.022, with the information duties in § 550.023
  • A parked car with no one around: § 550.024, which allows a written note in place of a face to face exchange
  • A fence, mailbox, sign or other fixture: § 550.025, which requires reasonable steps to find and notify the owner

What the state must prove beyond a reasonable doubt:

  • The accused drove a vehicle that was in a collision
  • Another vehicle was damaged
  • The driver was aware the collision happened
  • The driver did not stop, come back or give the required information
  • The total damage figure, which sets the level
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Hit and run FSGI lawyer in Conroe, TX: Legal paperwork and a pen on a desk, representing the written information duties after a collision

Penalties And Consequences

What Are The Penalties For FSGI Hit And Run In Texas?

The penalty level turns on one dollar figure: $200 in damage across all vehicles involved. Below that line the offense is fine only. At or above it, jail is part of the range. These are statutory limits, not predictions.

Under $200
Class C misdemeanor

A fine only, capped at $500.

$200 or more
Class B misdemeanor

Jail of up to 180 days and a fine of up to $2,000.

Under $200 in damage
Class C misdemeanor. A fine of up to $500, no jail.
$200 or more
Class B misdemeanor. Up to 180 days in county jail and a fine of up to $2,000.
Governing sections
Transportation Code §§ 550.022 and 550.024, with the required information set out in § 550.023.
The damage claim
Paying for the damage does not end the criminal case, and the criminal case does not settle the property claim. Insurance or a civil suit handles that separately.
Record
A Class B conviction is a permanent criminal record visible on background checks.

Many FSGI cases do not start at the scene. They start later, when the other driver's photo of a plate, a store's parking lot camera or a neighbor's doorbell video is matched to a registered owner, and a summons or warrant follows.

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Real Questions

What Do People Ask About FSGI In Texas?

What if I left a note on the car?

For an unattended vehicle, § 550.024 allows a written note in a conspicuous spot, with the driver's name and address and what happened. A proper note can meet the duty. The wording, where it was left and whether anyone can show it was there are the questions that matter.

What if I went home and then called my insurer?

For an attended vehicle the duty is to stay and exchange information at the scene. Reporting later may not meet it. For example, a driver clips a car in a shopping center lot, panics and drives away, then phones in a report an hour later. The later call can matter to how a prosecutor views the case. This is an example, not a real case.

Can I be charged if the car belongs to someone else?

The state must prove who was driving, not just who owns the vehicle. A plate caught on camera identifies a car. Families share vehicles and employees drive company trucks, so identity is a real question.

Does the repair estimate decide the level?

It is the main proof of the dollar line. Estimates can fold in older dents or repairs the collision did not cause. The state must prove the figure, and invoices and photos can be examined.

Will the insurance claim end if the criminal case is dismissed?

No. The property claim runs on its own track through insurance or a civil suit, and a dismissal in the criminal case does not decide it.
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Possible Defenses

How Can An FSGI Charge Be Defended?

A crash report can make an FSGI case look finished. The questions under it are often less settled. An attorney reviews who was driving, what the driver knew, what the damage was and how the case began. No result can be promised.

The report leaves out what cameras and photos can show.

Doorbell, store and traffic camera video can show the vehicles, the contact and the driver. Photos of the damage and repair estimates are compared with what the report says.

Constitutional questions include how the vehicle was identified and any stop or search that followed.

Case file folders and reports stacked on a desk, showing the evidence reviewed in a misdemeanor defense

Who Was Driving

A plate identifies a vehicle, not a driver. Can the state prove identity?

Did The Driver Know

Was the contact something the driver would have felt, heard or seen?

The Damage Amount

Does the estimate reflect this collision or earlier damage?

The Duties Met

Did the driver stop, return, speak with the other person or leave a proper note?

Vehicle Or Fixture

Was a vehicle involved, or a fence or sign covered by a different section?

How The Case Began

Was the driver identified through a lawful process, and when?

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Local Process

What Happens After An FSGI Charge In Montgomery County?

A case can begin with a summons or warrant weeks after the collision, once a plate or camera image is traced to a registered owner. The registered owner and the driver are not always the same person.

  1. Summons Or Arrest

    The case can open with a citation, a summons or an arrest warrant. An arrest is followed by booking and bond.

  2. First Appearance

    The person appears in court on the charge and learns the court setting.

  3. Discovery

    The defense can ask for the state's evidence, including video, photographs and estimates, under art. 39.14.

  4. Resolution

    The case ends in dismissal, a plea, a pretrial program where offered, or trial.

Where it is filed
A Class B case is filed in one of the Montgomery County Courts at Law, in a separate building from the felony courts, and prosecuted by Montgomery County District Attorney's Office.
Who investigates
Conroe Police Department, Montgomery County Sheriff's Office, Texas DPS Highway Patrol, Montgomery County Constables, Precincts 1 through 5, Willis Police Department, Shenandoah Police Department, Oak Ridge North Police Department, Magnolia Police Department, Splendora Police Department, or Roman Forest Police Department, depending on where the collision happened.
If there is an arrest
Booking is at the Montgomery County Jail at 1 Criminal Justice Drive, run by the Montgomery County Sheriff's Office.
If the case is appealed
the Ninth Court of Appeals in Beaumont.

If anyone was hurt, leaving is charged as failure to stop and render aid, a felony at every injury level. A dismissal or acquittal can qualify for an expunction, and some other resolutions can qualify for a nondisclosure order.

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Next Steps

What Should You Do After An FSGI Charge?

These steps are general information, not advice for any one person.

Do Not Contact The Other Driver

Direct contact can become evidence or a new problem.

Photograph Your Vehicle

Pictures of your car's condition can help show which damage came from the collision.

Keep Repair Records

Save any estimates and invoices.

Note The Date And Place

Write down where you were and what you recall.

Save Court Papers

Keep every citation, summons and notice.

Be Careful With Your Insurer

Ask a lawyer before giving a detailed statement.

Speak with an attorney ahead of the first setting. A call to Mitchell Law Firm about an FSGI charge in Montgomery County is confidential.

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Brennon Mitchell, DWI and criminal defense attorney in Conroe, Texas
Your Attorney

Who Handles Your Case

The Texas Lawyer Who Speaks Science

Attorney Brennon Mitchell isn't just a seasoned Conroe trial lawyer. He's one of the few in Texas, and the entire country, to earn the prestigious title of an ACS-CHAL Forensic Lawyer-Scientist. That means he's gone beyond the courtroom and into the laboratory, receiving in-depth, hands-on training in forensic chromatography, the same kind of testing used by crime labs to try and convict Texans every day.

What does that mean for you?

It means when the state uses blood alcohol or drug testing to try to prove its case, Mr. Mitchell knows how to challenge it. He's trained to:

  • Analyze lab results and spot faulty science
  • Cross-examine forensic experts with precision
  • Break down complex chemical evidence in plain language for juries

This is not the kind of background you find in most criminal defense attorneys, and it could make the difference between a conviction and a clean slate.

Brennon graduated from Texas A&M University School of Law and practices from offices in Orange and Conroe.

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Client Reviews

What Clients Say About Brennon Mitchell

Prior results do not guarantee a similar outcome. Every case is different and is decided on its own facts.

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Related Traffic Charges

Other Criminal Traffic Charges In Conroe, TX

If anyone was hurt in the collision, leaving the scene falls under a different statute with felony penalties. See the full Traffic Violations defense overview for Conroe.

Evading Arrest

Texas grades evading by how the person left. On foot it is a misdemeanor. In a vehicle it is a felony, with no prior record needed.

Failure To Stop And Render Aid

Leaving a crash where someone was hurt or killed. Charged under § 550.021, from a five year offense up to second degree.

Reckless Driving

Driving with wilful or wanton disregard for safety under § 545.401. A jailable misdemeanor, filed as a criminal case.

Street Racing

Charged as racing on a highway under § 545.420. A misdemeanor at first, with an impound at arrest and a one year suspension on conviction.

Street Racing With Bodily Injury

An injury turns a racing misdemeanor into a felony under § 545.420: third degree for bodily injury, second degree for serious injury or death.

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Common Questions

FSGI Hit And Run Questions People In Conroe Ask

What is the penalty for a property damage hit and run in Conroe, TX?

Leaving a collision that damaged a vehicle without stopping and exchanging information is an offense under Transportation Code § 550.022, or § 550.024 for an unattended vehicle. Total damage under $200 is a Class C misdemeanor with a fine of up to $500. At $200 or more it is a Class B misdemeanor with up to 180 days in jail and a $2,000 fine.

What must I give the other driver after a crash in Montgomery County?

Transportation Code § 550.023 lists it: the driver's name and address, the vehicle's registration number, and the name of the driver's liability insurer. If the other person asks and the license is available, the driver must also show it. Stopping without handing over that information does not satisfy the statute.

What is the rule for hitting an unattended car in a Conroe, TX parking lot?

Section 550.024 covers a vehicle with no one in it. The driver must stop and either find the owner or operator and give a name and address, or leave a written note in a conspicuous place on the damaged vehicle. The note must give the driver's name and address and describe what happened.

Where is an FSGI case filed in Montgomery County?

A Class B failure to stop and give information case is a misdemeanor, filed in one of the Montgomery County Courts at Law. Those courts sit in a different building from the felony district courts at the Criminal Justice Center on Phillips Street. A Class C case below the $200 line carries a fine only, with no jail.

Can an FSGI charge in Conroe, TX end without a conviction?

The outcomes Texas allows on a Class B misdemeanor include dismissal, a reduction to a lesser offense, deferred adjudication, a pretrial program where the county offers one, a negotiated plea and trial. A dismissal or acquittal can open the door to an expunction. Which outcome is open depends on the evidence and cannot be promised.

What if I did not realize I hit another car in Conroe, TX?

Texas courts read these statutes to require that the driver knew a collision happened. A light bump in a parking lot may not be felt or heard. The state must prove knowledge from the facts, such as the damage, the sound, what the driver did afterward and any video.

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Mitchell Law Firm, PLLC

A Dented Bumper Should Not Become A Record

A Class B hit and run conviction stays on a criminal background check. Talk it through before the first setting.

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Conroe Office

Where To Find Mitchell Law Firm In Conroe

Mitchell Law Firm, PLLC

101 Simonton St
Conroe, TX 77301
(936) 444-4600

Open 24 hours

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