Hit and Run Criminal Charges
California Hit and Run Defense Attorneys
California Vehicle Code Section 20002(a) states in pertinent part – The driver of any vehicle involved in an accident resulting only in damage to any property, including vehicles, shall immediately stop the vehicle at the nearest location that will not impede traffic or otherwise jeopardize the safety of other motorists and exchange information.
If the vehicle you hit is a parked vehicle, then you are required to leave in a conspicuous place on the vehicle or other property a written notice giving your name and address of the driver and owner of your vehicle and a statement of the circumstances of the accident. You are also required to notify the local police department of the accident.
If you have caused damage to another vehicle or property and do not exchange information and without doing so, you leave the location of the incident, then you can be charged with Hit and Run.
Most of the time hit and run accidents are not considered serious offenses and are charged as a MISDEMEANOR. However, if there is considerable property damage or bodily injury, you can be charged with a FELONY. Misdemeanor charges can carry a punishment of up to 1 year in county jail, and felony charges can carry a sentence of up to 3 years in state prison.
California Vehicle Code Section 20002 - covers property damage
(a) The driver of any vehicle involved in an accident resulting only in damage to any property, including vehicles, shall immediately stop the vehicle at the nearest location that will not impede traffic or otherwise jeopardize the safety of other motorists. Moving the vehicle in accordance with this subdivision does not affect the question of fault. The driver shall also immediately do either of the following:
(1) Locate and notify the owner or person in charge of that property of the name and address of the driver and owner of the vehicle involved and, upon locating the driver of any other vehicle involved or the owner or person in charge of any damaged property, upon being requested, present his or her driver’s license, and vehicle registration, to the other driver, property owner, or person in charge of that property. The information presented shall include the current residence address of the driver and of the registered owner. If the registered owner of an involved vehicle is present at the scene, he or she shall also, upon request, present his or her driver’s license information, if available, or other valid identification to the other involved parties.
(2) Leave in a conspicuous place on the vehicle or other property damaged a written notice giving the name and address of the driver and of the owner of the vehicle involved and a statement of the circumstances thereof and shall without unnecessary delay notify the police department of the city wherein the collision occurred or, if the collision occurred in unincorporated territory, the local headquarters of the Department of the California Highway Patrol.
(b) Any person who parks a vehicle which, prior to the vehicle again being driven, becomes a runaway vehicle and is involved in an accident resulting in damage to any property, attended or unattended, shall comply with the requirements of this section relating to notification and reporting and shall, upon conviction thereof, be liable to the penalties of this section for failure to comply with the requirements.
(c) Any person failing to comply with all the requirements of this section is guilty of a misdemeanor and, upon conviction thereof, shall be punished by imprisonment in the county jail not exceeding six months, or by a fine not exceeding one thousand dollars ($1,000), or by both that imprisonment and fine.
California Vehicle Code Section 20001- covers injury/death of another person
(a) The driver of a vehicle involved in an accident resulting in injury to a person, other than himself or herself, or in the death of a person shall immediately stop the vehicle at the scene of the accident and shall fulfill the requirements of Sections 20003 and 20004.
(b) (1) Except as provided in paragraph (2), a person who violates subdivision (a) shall be punished by imprisonment in the state prison, or in a county jail for not more than one year, or by a fine of not less than one thousand dollars ($1,000) nor more than ten thousand dollars ($10,000), or by both that imprisonment and fine.
(2) If the accident described in subdivision (a) results in death or permanent, serious injury, a person who violates subdivision (a) shall be punished by imprisonment in the state prison for two, three, or four years, or in a county jail for not less than 90 days nor more than one year, or by a fine of not less than one thousand dollars ($1,000) nor more than ten thousand dollars ($10,000), or by both that imprisonment and fine. However, the court, in the interests of justice and for reasons stated in the record, may reduce or eliminate the minimum imprisonment required by this paragraph.
(3) In imposing the minimum fine required by this subdivision, the court shall take into consideration the defendant’s ability to pay the fine and, in the interests of justice and for reasons stated in the record, may reduce the amount of that minimum fine to less than the amount otherwise required by this subdivision.
(c) A person who flees the scene of the crime after committing a violation of Section 191.5 of, or paragraph (1) of subdivision (c) of Section 192 of the Penal Code, upon conviction of any of those sections, in addition and consecutive to the punishment prescribed, shall be punished by an additional term of imprisonment of five years in the state prison. This additional term shall not be imposed unless the allegation is charged in the accusatory pleading and admitted by the defendant or found to be true by the trier of fact. The court shall not strike a finding that brings a person within the provisions of this subdivision or an allegation made pursuant to this subdivision.
(d) As used in this section, “permanent, serious injury” means the loss or permanent impairment of function of a bodily member or organ.
In the extremely unfortunate event of the death of another person, you are required to report the incident to the authorities and give them your information as required by section 20003.
Vehicle Code 20003 states: (a) The driver of any vehicle involved in an accident resulting in injury to or death of any person shall also give his or her name, current residence address, the names and current residence addresses of any occupant of the driver’s vehicle injured in the accident, the registration number of the vehicle he or she is driving, and the name and current residence address of the owner to the person struck or the driver or occupants of any vehicle collided with, and shall give the information to any traffic or police officer at the scene of the accident. The driver also shall render to any person injured in the accident reasonable assistance, including transporting, or making arrangements for transporting, any injured person to a physician, surgeon, or hospital for medical or surgical treatment if it is apparent that treatment is necessary or if that transportation is requested by any injured person.
(b) Any driver or injured occupant of a driver’s vehicle subject to the provisions of subdivision (a) shall also, upon being requested, exhibit his or her driver’s license, if available, or, in the case of an injured occupant, any other available identification, to the person struck or to the driver or occupants of any vehicle collided with, and to any traffic or police officer at the scene of the accident.
Contact our office to speak with a California hit and run defense attorney who can get involved in the early stage of the investigation by contacting the police officer or detective involved and negotiating a “civil compromise” where we make sure that the victims are fully compensated for their damages with the understanding that they will not press any charges. Many times this can be achieved if a knowledgeable attorney gets involved in a timely manner to a property damage related hit and run case.
Potential Defenses to Hit and Run Charges
There are several defenses that a person charged with hit and run in California may raise in order to try to have the charges dismissed or to be found not guilty. Some possible defenses include:
Lack of intent: In order to be found guilty of hit and run in California, the prosecution must prove that the defendant acted "willfully," which means that they acted with the intention of leaving the scene of an accident. If the defendant did not intentionally leave the scene, they may be able to argue that they did not act "willfully" and are therefore not guilty of the crime.
Lack of knowledge: A person may also be able to argue that they were not aware that they had been involved in an accident. If the defendant was unaware that they had hit someone or something, they may not be guilty of hit and run because they did not have the necessary intent.
Necessity: In some cases, a person may be able to argue that they had a valid reason for leaving the scene of an accident, such as if they were in danger and needed to get to a safe place.
Mistaken identity: If the defendant can provide evidence that they were not the person who was involved in the accident, they may be able to have the charges dismissed or be found not guilty.
Insufficient evidence: In order to be found guilty of hit and run, the prosecution must present sufficient evidence to prove the defendant's guilt beyond a reasonable doubt. If the prosecution does not have enough evidence, the defendant may be able to argue that the charges should be dismissed.
It's worth noting that these are just a few of the possible defenses to hit and run charges in California, and the specific defenses available will depend on the circumstances of the case. Contact the attorneys who can make a difference in YOUR case. If you, a friend or a loved one is charged with a Hit-and-Run in Los Angeles County, don’t hesitate, pick up the phone and call our office immediately, your call is FREE! Call Now 888-589-9994 an attorney will answer your call directly.
