(ABC 6 News) – An Austin man who pled guilty to a hit and run that occurred last December was in court for sentencing today.

36-year-old Darin Finley motioned the Mower County District Court for a departure from the assumed sentence of 48-months in prison.

Finley’s defense reasoned he was amenable to probation due to his “show of remorse,” intention to stay sober and family support.

Finley provided a statement to the court about his remorse over his action in leaving the victim, 41-year-old Melissa Rack, unresponsive at the scene of the accident and not calling 911.

Members of the victim’s family provided victim impact statements where they recommended Finley receive the full punishment under the law.

They victim’s brother stated he might’ve understood if Finley was drunk, but Finley made the sober action to leave Rack as she was.

The judge agreed, stating Finley’s actions do not show a character amenable to probation, denying the motion for departure.

“Frankly I don’t see any excuse here or anything that justifies or is a mitigating factor for why you didn’t call for help that night,” said Judge Jeffery Kritzer.

Because the motion was denied, Finley has the right to revoke his previous guilty plea and go to trial or decide if he will go to prison.

No sentencing occurred today, with Finley’s next hearing date to be announced