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Hit & Run

WHAT TO DO IF CHARGED WITH HIT & RUN IN CA

In California, it is a crime to leave the scene of an accident without first exchanging information with the other party involved. If the other party was injured as a result of the accident, then the driver who flees can be charged with either a misdemeanor or a felony. If no one is injured, then the driver who flees can only be charged with a misdemeanor. A hit and run that causes injury is prosecuted under section 20001 of the California Vehicle Code. A hit and run that does not cause injury is prosecuted under section 20002.

Hit and Run with Injury: Vehicle Code §20001

Vehicle Code section 20001 says “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.” If a driver fails to stop their vehicle after such an accident, the driver faces the following penalties:

  1. Imprisonment in the state prison, or

  2. In a county jail for not more than one year, or

  3. A fine of not less than one thousand dollars ($1,000) nor more than ten thousand dollars ($10,000), or

  4. Both that imprisonment and fine.

 

If the accident results in death or permanent, serious injury, a person who violates VC §20001 shall be punished by:  

  1. Imprisonment in the state prison for two, three, or four years, or

  2. In a county jail for not less than 90 days nor more than one year, or

  3. A fine of not less than one thousand dollars ($1,000) nor more than ten thousand dollars ($10,000), or

  4. Both that imprisonment and fine.

 

“Permanent, serious injury” means the loss or permanent impairment of function of a bodily member or organ.

Hit and Run without Injury: Vehicle Code §20002

Vehicle Code section 20002 says “The driver of any vehicle involved in an accident resulting only in damage to any property, including vehicles, shall immediately stop the vehicle.” This does not mean that you need to leave your vehicle in the middle of the road, though.  A driver involved in a collision is permitted to move their vehicle to the “nearest location that will not impede traffic or otherwise jeopardize the safety of other motorists.”

 

Once you have pulled over, you are required to 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. Upon request, present his or her driver’s license, and vehicle registration, to the other driver, property owner, or person in charge of that property. 
     

  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.

 

Failure to do either of these two things means that you can be charged with misdemeanor hit and run. If convicted of misdemeanor hit and run, you can face the following:

 

  1. Imprisonment in the county jail not exceeding six months, or

  2.  A fine not exceeding one thousand dollars ($1,000), or

  3. Both that imprisonment and fine.

How to Fight a Hit and Run Case:

There are many ways to fight hit and run charges in Orange County, CA. In order to be convicted of hit and run, the District Attorney has to prove you guilty beyond a reasonable doubt. In doing so, they need to prove:

  1. You were driving a vehicle,

  2. That you were involved in a collision, and

  3. That you purposefully left the scene afterward.

 

Some defenses to hit and run include lack of knowledge or that you were not the driver at the time of the accident.

 

Lack of Knowledge:

Before a jury can find you guilty of hit and run, the jury must be convinced that you were actually aware that you were in a collision. But, some accidents, including very minor fender benders, aren’t always obvious to the driver. If this is the case, you may not have known you hit the other vehicle. Under these circumstances, a jury would not be able to find you guilty of hit and run.

 

Not the Driver:

Another common defense is that you were not the driver at the time of the accident. As stated above, the District Attorney is required to prove that YOU were involved in a collision and that YOU left the scene without stopping. However, in some cases, officers are only able to identify the vehicle license plate and not the actual driver. Thus, your case would have to be dismissed, unless someone can say it was you behind the wheel.

 

There are many other ways to win a hit and run case. It is important you call an experienced criminal defense attorney so they can start working on your defense right away.

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