Hit And Run (FSGI) Lawyer In Orange, TX
Failure to stop and give information, or FSGI, is the Texas hit and run charge for a collision where only vehicles were damaged. It is a criminal offense, not a ticket, and once the damage reaches $200 it carries a possible jail sentence. This page covers the duties, the penalty levels, defenses and what to do next.
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 give name, address, registration and insurance information, 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?
FSGI stands for failure to stop and give information. It is the charge Texas uses when a driver leaves a collision that damaged a vehicle, and nobody was injured or killed. The duties come from sections of the Transportation Code, and the state has to show the driver skipped at least one of them.
Under § 550.022, a driver whose vehicle is involved in a collision that damages another vehicle that is driven or attended by someone has to:
- Stop immediately at the scene, or as close to it as possible without blocking traffic more than necessary
- Return to the scene right away if the vehicle did not stop there
- Stay at the scene until the information duties in § 550.023 are met
The information the law requires is specific.
Section 550.023 lists it: the driver's name and address, the registration number of the vehicle, and the name of the driver's motor vehicle liability insurer. If the other person asks and the license is available, the driver must show it.
Parked and unattended vehicles have their own rule in § 550.024. There the driver must find the owner or operator, or leave a written note securely attached or placed in a conspicuous spot on the damaged vehicle, giving their name and address and describing the circumstances.
Striking a fence, sign, mailbox or other fixture is covered by a separate section, § 550.025, which requires reasonable steps to locate and notify the owner.
What the state must prove beyond a reasonable doubt:
- The accused was the driver of a vehicle involved in a collision
- The collision damaged another vehicle
- The driver knew of the collision
- The driver failed to stop, return or give the required information
- The total damage figure, which sets the level
Penalties And Consequences
What Are The Penalties For FSGI Hit And Run In Texas?
The only thing separating the two penalty levels is money. The state measures damage to all the vehicles involved against a $200 line. These are statutory limits, not predictions of what will happen in any one case.
Fine of up to $500, no jail.
Up to 180 days in county jail and a $2,000 fine.
- Damage under $200
- Class C misdemeanor. A fine of up to $500 and no jail.
- Damage of $200 or more
- Class B misdemeanor. Up to 180 days in county jail and a fine of up to $2,000.
- Statutes
- Transportation Code § 550.022 for an attended vehicle and § 550.024 for an unattended vehicle. The information duties are in § 550.023.
- Civil exposure
- The criminal case does not settle the property damage claim. That runs through insurance or a civil suit on its own track.
- Record
- A Class B conviction is a permanent criminal record visible on background checks.
The dollar figure drives the level, so it is one of the first things an attorney checks. The state has to prove it.
Real Questions
What Do People Ask About FSGI In Texas?
What if I left a note on the car?
What if I went home and called my insurance?
Can I be charged if the car is registered to someone else?
Does the other driver's damage estimate decide the level?
Will an insurance claim go away if the criminal case is dismissed?
Possible Defenses
How Can An FSGI Charge Be Defended?
An FSGI case often looks simple from the police report and less simple once the evidence is laid out. An attorney reviews who was driving, what the driver knew, what the damage was and how the case began. No result can be promised.
Cameras and photographs are central.
Doorbell, store and traffic camera video can show the vehicles, the contact and the driver. Photographs of the damage and repair estimates are compared with what the report says.
Constitutional issues include how a vehicle was identified and any stop or search that followed.
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 Duty To Stay
Did the driver stop, return 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?
Local Process
What Happens After An FSGI Charge In Orange County?
An FSGI case can begin with a summons or a warrant weeks after the collision, once the other driver's plate number or a camera image has been traced back to a registered owner. The registered owner and the driver are not always the same person.
Summons Or Arrest
A person can receive a citation, a summons or a warrant. If arrested, booking and bond follow.
First Appearance
The person appears in court on the charge and learns the court setting.
Discovery
The defense can ask for the state's evidence, including video, photographs and estimates, under art. 39.14.
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 Orange County Courts at Law and prosecuted by the Orange County District and County Attorney's Office.
- Who investigates
- Orange Police Department, Orange County Sheriff's Office, Texas DPS Highway Patrol, Vidor Police Department, Bridge City Police Department, Pinehurst Police Department, or West Orange Police Department, depending on where the collision happened.
- If there is an arrest
- Booking is at the Orange County Correctional Facility at 205 S Border Street, run by the Orange County Sheriff's Office.
- If the case is appealed
- The Ninth Court of Appeals in Beaumont.
Leaving the scene after a crash that hurt or killed someone is charged as failure to stop and render aid, a felony offense at every injury level. A case that ends in dismissal can qualify for an expunction, and some other resolutions can qualify for an order of nondisclosure.
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 vehicle's condition can help show what damage is and is not 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.
Notify Your Insurer Carefully
Ask a lawyer before giving a detailed statement.
Talk to a lawyer before the first court date. Mitchell Law Firm offers a confidential conversation about an FSGI charge in Orange County.
Official Texas Sources
Read The Law Behind This Page
- Texas Transportation Code Chapter 550: Duties after a collision, including §§ 550.022 to 550.025
- Texas Penal Code Chapter 12: Class B and Class C misdemeanor punishment
- Texas Penal Code Chapter 6: Culpable mental states
- Texas Code of Criminal Procedure Chapter 39: Discovery of the state's evidence
- Texas Code of Criminal Procedure Chapter 55A: Expunction
- Texas Government Code Chapter 411: Orders of nondisclosure
Who Handles Your Case
The Texas Lawyer Who Speaks Science
Attorney Brennon Mitchell isn't just a seasoned Orange 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.
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.
Related Traffic Charges
Other Criminal Traffic Charges In Orange, TX
When someone was hurt in the collision, leaving the scene is charged under a different statute with felony levels. See the full Traffic Violations defense overview for Orange.
Evading Arrest
Running from an officer on foot is a misdemeanor. Doing it in a car or truck is a felony from the first offense.
Failure To Stop And Render Aid
Leaving a collision where someone was hurt or killed. A felony when serious injury or death results, up to second degree for a death.
Reckless Driving
Driving with wilful or wanton disregard for safety. A jailable misdemeanor, not a ticket you can pay by mail.
Street Racing
Racing on a highway under Transportation Code § 545.420. A Class B misdemeanor at first, with a mandatory impound and a one year license suspension on conviction.
Street Racing With Bodily Injury
When a race on a public road injures or kills someone, § 545.420 makes it a third or second degree felony.
Common Questions
FSGI Hit And Run Questions People In Orange Ask
Is a hit and run with no injuries a crime in Orange, TX?
Leaving the scene of a collision that damaged a vehicle, without stopping and exchanging the information Texas requires, is a criminal offense under Transportation Code § 550.022. It is a Class C misdemeanor if total damage to all vehicles is under $200 and a Class B misdemeanor if it is $200 or more.
What information does Texas law require after a crash in Orange County?
Section 550.023 requires a driver involved in a collision to give their name and address, the vehicle's registration number, and the name of their liability insurer. If asked and available, the driver must also show their driver's license. When the collision involves an injury, the statute also requires reasonable assistance to anyone hurt.
What if I hit a parked car in Orange and nobody was around?
Transportation Code § 550.024 covers an unattended vehicle. The driver must stop and either locate the owner or operator and give their name and address, or leave a written note in a conspicuous place in or on the damaged vehicle with that information and a statement of what happened. The penalty levels follow the same $200 line as § 550.022.
How is the damage amount decided in an Orange County FSGI case?
The statute sets the level by the damage to all vehicles involved, measured against a $200 threshold. The state has to prove the amount it relies on. Repair estimates, invoices, photographs and insurance appraisals are the common sources, and each of them can be examined for what it actually shows and when it was prepared.
Can an FSGI charge in Orange, TX be dismissed or reduced?
The outcomes that exist in the system for a Class B misdemeanor include dismissal, reduction to a lesser offense, a negotiated plea, deferred adjudication, a pretrial program where one is offered, and trial. Which of those is open in a given case depends on the evidence and on the prosecutor's position, and no outcome can be promised in advance.
What if I did not realize I hit another car in Orange, TX?
Texas courts read these statutes to require that the driver knew a collision had occurred. A light contact in a parking lot or a merge on a busy road is not always felt or heard. The state has to prove knowledge from the facts, such as the damage, the sound, the driver's actions afterward and any video.
Mitchell Law Firm, PLLC
A Fender Bender Should Not Become A Record
An FSGI conviction is a criminal conviction. Talk it through before the first court date.
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