http://www.reddit.com/r/M(...)running_from/cqrzhnjJones attempt at fleeing the scene was almost a good plan. Getting a DUI or DWI requires that it be shown you were actually under the influence alcohol or some other sort of substance. Jones, possibly being high, could have hid out until his altered state passed, and then claimed he just got scared and made a poor decision. While people may have suspected, there really wouldn't have been anything a prosecutor could have done to show he was driving under the influence.
Unfortunately Jones’ hastily conceived plan ran into a few issues. First, there's New Mexico § 66-7-201 which makes it illegal to leave the scene of an accident, and requires an exchange of information as well as the addressing of any injuries should it be warranted. Even that might have been a problem worth dealing with over a DUI or DWI, as a misdemeanor hit and run charge would have likely just carried a small fine. Sadly for Jones, a pregnant woman in the vehicle he struck suffered a broken arm. Because the woman suffered “great bodily harm,” this raises the charge from misdemeanor to third grade felony, which carries a maximum of three years in prison and a $5,000 fine. Note that this is worse than a fourth grade felony when the victim suffered the same type of injury.
The difference between the third and the fourth grade felony (which carries a maximum of eighteen months in prison) has to do with intent. A person, who leaves the scene of an accident where someone suffered great bodily harm, but didn't knowingly do it, could be charged with a fourth grade felony. This could happen when someone didn't realize they were in an accident, possibly because they were in a mental state that didn't allow them to comprehend as much. A person who knowingly, intentionally leaves such a scene has committed the worse, third grade felony.
Perhaps Jones had hoped to convince the relevant parties that he had hit his head, or was in such a state of confusion he didn't have intent to leave the scene. That argument went out the window when he turned around and ran back for his money. He apparently had enough sense and awareness to think and process that, so it's not too much a stretch to believe he knew he was running away from the scene of an accident.
And this brings us to another issue in Jones flaws plan. While he turned around and ran back for his money, what he really should have grabbed was the pipe he left in the car containing marijuana if it was indeed his.. While this doesn't really do much to convict him of a DUI, it does give evidence that he had motivation to flee, and could be a factor in sentencing if Jones has to go to trial. The fact that his victim was pregnant isn't really going to help matters either. Running away from her twice, a second time in favor of cash, just looks terrible for this type of hit and run charge.>