Whenever people hear of hit and run, they think of a person in a car knocking over a pedestrian then speeding off without pulling over to call 911 or help them. Whereas these tragic incidents happen, not every hit-and-run is so devastating. You can be prosecuted under hit and run law when a slight auto crash you were involved in caused another party a few bruises and scrapes or damage to another person’s property. Also, you can be prosecuted under this law even if the accident was not your fault.
California prosecutors prosecute the crime of hit and run seriously. If you’ve been charged, you want to contact a knowledgeable driving crimes defense attorney as soon as possible. It could be that you decided to drive off since you believed everything was okay, or it was not necessary to give your information. At California Criminal Lawyer Group, we help clients facing driving crimes-related charges in Santa Ana and the whole of Orange County defend their cases. We will analyze your case and advice on your next legal steps. Not only that. We will also build a solid defense strategy that will yield the best possible outcome, including a charge reduction or dismissal. Call us right away and let us help you in the best way we know.
Defining the Crime of Hit and Run
Per the California VC (Vehicle Code), any motorist who has been involved in a road accident with another vehicle or pedestrian has to stop and leave their contact information and name with the other involved party/parties. If they fail to do so and drive off quickly, whether noticed or unnoticed, they will be committing the crime of hit and run. The offense of hit and run is prohibited under two laws— VC 20002 and VC 20001.
VC 20002 prohibits you from fleeing the accident scene after being in a crash when the crash caused damage to someone else’s property. It is the misdemeanor law on hit and run. On the other hand, VC 20001 forbids you to leave the accident scene where someone else has been killed or injured without identifying yourself to the other involved parties. It is the felony law on hit and run. It’s the injury or killing that converts the hit-and-run crime into a felony.
Elements of VC 20002 Hit and Run
For the judge to find you guilty of hit and run under VC 20002, the prosecution must demonstrate four facts beyond a reasonable doubt. These facts are what we call the elements of the crime. They include:
- While behind the wheel, you were in an auto crash
- The collision resulted in damage to another’s property
- You were aware or reasonably should’ve been aware that you‘d been in a collision that resulted in property damage
- You willfully fled the accident scene without providing the property owner with your identifying details, such as your name, phone number, insurance details, and any other current information.
Being in a collision simply means there’s a direct link between the crash and you. It means you do not always need to come into contact with the other auto or autos, but rather be a party that contributed to the accident.
You knew about the accident or reasonably should’ve been aware of it is assumed when you utter or write any statement about the collision. Knowledge of the crash is also presumed if the damage seen on your vehicle is consistent with the damage the other involved party or parties suffered. Knowing the crash took place is a crucial element in the prosecution’s case.
When you do something willfully, it means you are doing it on purpose or willingly. It isn’t necessary that you intend to violate the law, harm another person, or benefit in any way when performing the act.
When it comes to providing identifying info, you must have given sufficient information so the property owner understood you were driving the auto.
Note that your obligation to stop and provide information applies regardless of what driver or party caused the crash. Also, remember that this obligation holds even if a collision took place on personal property, for instance, where you were driving via a person’s fence and knocked it down. If the damaged property owner isn’t present, you ought to leave a note in writing. Property damage per this law includes any damage caused to pets. Lastly, courts recently held that civil compromises would no longer apply in VC 20002 violation cases.
Elements of VC 20001 Hit and Run
For you to be guilty of violating VC 20001, the prosecution has to prove the following beyond any reasonable doubt:
- While driving, you were involved in an auto accident
- The crash caused death or injury to another party other than you
- You were aware or should reasonably have known you’d been in a collision that killed or injured another person
- You willfully failed to do these duties:
- Stop at the accident scene
- Provide reasonable help to any injured person
- Provide to the injured party or any law enforcement officer present at the accident scene your personal information (current address or name)
The legal definition of willfully is as provided above. And in providing personal info for felony hit and run, you must have given sufficient details so that the injured victim or any police officer at the scene understood you were operating the vehicle.
If found guilty of hit and run under VC 20001, the judge might award restitution for the injury caused by your criminal flight but might not do the same for injury from the collision itself.
What If You Didn’t Cause Any Property Damage or Injury/Death?
In California, it isn’t a criminal offense to drive off the accident scene that didn’t cause any injuries/death to another person or damage to someone else’s property. However, to be on the safe side, you ought to take photographs of the other vehicle to prove that there wasn’t any damage.
If you aren’t sure whether property was destroyed or someone was injured, you ought to pull over and exchange info with the other motorist. Or, if the other auto was parked and unattended, you should leave behind a conspicuous note. Examples of vehicle crash damage that might not be noticeable include leaks, misaligned tires, broken light bulbs, delays to the computer’s diagnostic system, or reduced battery life.
And anyone you hit may seem okay, but they could’ve suffered a soft-tissue injury which could take more time to become evident.
Either way, many insurance providers require that their policyholders inform them of all road crashes, even if they’re minor. Otherwise, they might refute any claim that might arise out of the crash.
Hit and Run Penalties
A violation of VC 20002 hit and run law is a misdemeanor punishable by up to one thousand dollars in fines and a maximum of six months in jail. Instead of a jail sentence, the judge may sentence you to informal probation.
On the other hand, violating VC 20001 hit and run law is considered a wobbler crime, meaning the DA can prosecute your case either as a felony or misdemeanor based on your criminal history and the facts surrounding the case. If guilty of a misdemeanor, you’ll be subject to a fine of up to ten thousand dollars and a jail sentence for a period that doesn’t exceed one year. Instead of a jail term, the judge may sentence you to misdemeanor probation. If convicted of a felony, you will face up to $10,000 in fines and a jail term for a maximum of four years. Rather than a prison sentence, the judge may sentence you to formal probation.
You might be subject to sentence enhancement if you caused someone’s death in the commission of your hit and run offense. This means if the DA can demonstrate the additional element that you fled the accident scene after someone died, your penalties will be increased. In this case, you will be subject to an additional five years in prison. To prove the additional element of the crime, the DA has to demonstrate that:
- You knew you’d been involved in a crash that killed someone else, or
- You knew from the accident’s nature that it was likely that someone else had died, and
- You willfully fled the accident scene
Collateral Consequences
A felony hit and run conviction comes with several consequences apart from a fine or a prison sentence. A conviction of this crime adds two points to your driver’s license. Should you accumulate a total of four points in one year, the DMV (Department of Motor Vehicles) may suspend your driving privileges for a minimum of six months. And if you have a bad driving record already, your driving privilege may be suspended as part of your punishment for the hit and run.
Apart from losing or possibly losing your driver’s license, your car insurance costs will likely go high. Even when you are not to blame for the crash, you may face higher premiums.
And if you were liable for the crash and other persons were injured/their property damaged, you may face a civil suit. If your insurance doesn’t cover the damage or injuries, the victims involved may directly sue you to recover compensation. The same applies if your acts caused death. The deceased person/persons’ relatives can file a wrongful death lawsuit against you.
Legal Defenses against Hit and Run
Your lawyer can help you beat both misdemeanor and felony hit and run charges by arguing various legal defenses. Every situation is unique, and the defenses your lawyer will raise depend entirely on the facts of your case. However, common defenses your attorney could argue charges are:
It Was a Case of Mistaken Identity
The nature of hit-and-run collisions is that the offender drives off very fast before anybody at the accident scene can have a good look at them. This could result in innocent persons being wrongly identified as the culprit.
Often, prosecutors have insufficient proof to positively establish who the guilty motorist was. Apart from depending on surveillance videos, your lawyer can find witnesses and recorded communications proving that you had an alibi when the accident took place.
You Didn’t Know There Was an Accident.
It isn’t uncommon for minor auto accidents to happen without the involved parties realizing it. If you had your radio on higher, you might sincerely be unaware of minor scrapes.
However, this defense works best where the accused was driving a lower-cost or older vehicle. More modern, high-end autos have sensors that beep loudly whenever other vehicles come too close.
There Wasn’t Any Property Damage.
You can only be convicted of VC 20002 violation if you failed to stop and provide personal information after a crash that caused damage to someone else’s property. This means it’s a valid defense to demonstrate that whereas you might have driven off after the crash, no property was damaged whatsoever. You can also argue that whereas your car might have been damaged, no other property was affected.
The prosecution doesn’t care if a liable motorist’s property was destroyed. All that counts is any other property damage the collision caused. Therefore, the fact that your vehicle was damaged doesn’t hurt your case.
It Wasn’t Safe to Stop.
At times the safest step to take after an accident is to continue driving. This is the case if:
- There isn’t a place you can safely pull over the car
- The other motorist or other persons present at the scene seem angry and ready to fight you
- You’re transporting a person to the Emergency Room, and there’s no time to stop
These reasons may be enough to convince the prosecution to lessen or reduce the hit-and-run charges against you.
There Wasn’t Any Death or Injury.
You are only guilty of VC 20001 violation if you failed to stop after a car collision caused death or injury to someone else. This means it’s a valid defense for you and your lawyer to argue that whereas you may have fled the accident scene, no death or injury was involved. However, you could still be convicted of a misdemeanor crime if you sped off and property was damaged during the crash. Your lawyer may have medical experts testify to show that the victim’s injuries are self-induced or false.
You Were the Only Injured Party
The elements of the felony hit and run crime require the prosecutor to show that another party other than yourself sustained an injury. Thus, if your lawyer can prove that you were the only injured party in the accident, you cannot be found guilty of violating VC 20001.
Related Crimes to Hit and Run
Several crimes are closely related to hit and run because they have similar elements. Thus, the prosecutor can charge you with these offenses alongside or instead of hit and run. They include:
Driving Without a Valid License – Vehicle Code 12500a
VC 12500a makes it an offense for you to operate a vehicle in California when you don’t have a valid driver’s license. Note that your license doesn’t need to be from the state of California. It could be from any other jurisdiction provided:
- It was issued by the country or state in which you reside, and
- It’s presently valid for the kind of auto you are driving
Violating VC 12500a is a wobblette crime, meaning the prosecutor can charge it either as an infraction or misdemeanor. If found guilty of an infraction, you will be subject to a maximum of $250 in fines. And if convicted of a misdemeanor, you will face a fine that does not exceed $1,000 and a jail sentence for a maximum of six months.
Driving While Intoxicated – Vehicle Code 23152a
VC 23152a is the DUI statute that criminalizes a person operating a vehicle while intoxicated with alcohol. To be intoxicated means that your mental or physical capabilities are impaired in that you cannot drive as cautiously as a sober person would. You could be charged under this law in California even if your BAC (blood alcohol content) was below .08%. A 1st, 2nd, or 3rd DUI offense under Vehicle Code 23152a is prosecuted as a misdemeanor. The penalties upon a conviction include, among others, fines, misdemeanor probation, license suspension, IID (ignition interlock device) installation, and DUI school.
Vehicular Manslaughter – Penal Code 192(c)
PC 192(c) is the law prohibiting vehicular manslaughter. Per this statute, you commit this offense when:
- You cause someone else’s death while driving an auto, and
- You do so by negligently doing either an illegal act that’s not a felony or any legal action that could cause death
The consequences of this crime vary based on whether you acted with ordinary negligence or gross negligence. If you were grossly negligent, the offense is prosecuted as a wobbler. If convicted of a misdemeanor, you will be subject to a year in jail, while a felony conviction will subject you to a prison sentence of up to six years. If you acted with ordinary negligence, this crime is prosecuted as a misdemeanor. The penalties upon conviction will include up to a year in jail.
DUI With Injury – Vehicle Code 23153
VC 23153 applies whenever a motorist is driving an auto while intoxicated with drugs or alcohol, and they cause a crash that leads to injury to someone else. VC 23153 is a wobbler. A third offense is automatically a felony. If convicted of a misdemeanor, your punishment can include a fine ranging between $390 and $5000, three to five years of probation, a jail sentence of up to a year, driver’s license suspension, restitution to the injured victim, and drug/alcohol education program. If convicted of a felony, you will face up to four years in prison, up to $5,000 in fines, DUI School for eighteen to thirty months, designation as a Habitual Traffic Offender for three years, license suspension, and a strike on your driving record for significant bodily injury.
Exhibition of Speed – Vehicle Code 23109(c)
VC 23109(c) prohibits you from engaging in a vehicle speed contest on a highway. A vehicle speed contest includes a car race against another car. VC 231099(c) is a misdemeanor offense and is frequently a plea bargain in DUI where the blood alcohol concentration is low, or other mitigating factors exist. If convicted, your punishment will include a county jail sentence of ninety days, a fine that does not exceed $1,000, community service for forty hours, and driver’s license suspension for six months.
Driving With a Suspended Driver’s License – Vehicle Code 14601.1(a)
VC 14601.1(a) makes it unlawful to knowingly drive in California when your driver’s license is revoked or suspended. If you are caught doing so, you will face misdemeanor charges. A conviction of this criminal offense carries a fine that doesn’t exceed $1000 and a maximum of six months of a jail sentence. You could be charged under both VC 14601.1(a) and VC 20002/VC 20001 if you committed the hit and run offense while driving with a suspended or revoked driver’s license.
Find a Knowledgeable Driving Crimes Criminal Defense Lawyer Near Me to Help Me Fight My Hit and Run Charges
If you’ve been charged with a hit-and-run crime, do not try tackling the situation by yourself. Contact a skilled driving crimes defense lawyer to help you out. There may be an ongoing investigation into your case that you don’t know about. Therefore, having a qualified attorney on your side, especially during the early stages, is vital in resolving the case before the prosecutor files formal charges. And if charges are already filed, the lawyer will be able to understand every element of the crime and develop a solid defense strategy to unearth the flaws in the prosecution’s case.
At California Criminal Lawyer Group, we have a track record defending against hit and run charges, and we’ll work aggressively to achieve the best outcome possible. We serve clients facing hit and run and other driving crime charges in Santa Ana and the rest of Orange County. Call us at 714-844-4151 for a free case evaluation and learn more about how we will help you.