Los Angeles Hit and Run Lawyer Blog

Many of our posts address the law, potential arguments and potential consequences. Whereas these are very important concerns that a client would have, it is also important to understand how our strategy works and how we fight for your rights.

Retaining:

When a client first comes into our office, we want to not only review the documents they have been given, but also want to know the client’s story. We want to discuss the facts of your case, your perspective and your thoughts on the matter. We also want to know about your background, your ties with the community, your friends and your interests. This helps us build your case against the Prosecutors.

A person who has injured another with his or her vehicle may be charged with a Los Angeles Hit and Run under California Vehicle Code §20003.

California Vehicle Code §20003 states that any such person finding themselves in a situation where they have caused injury to another with their vehicle, must follow certain immediate procedures. They read as follows:

“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.”

If you have been charged with a Hit and Run with damage to property, you have been charged under California Vehicle Code §20002.

California Vehicle Code §20002 outlines what is expected of a driver when they have been involved in an accident, in which property has been damaged and the owner of the property is not present. The code specifically states 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.

California Vehicle Code §20003 and 20004 dictate a driver’s duty upon injury or death to another driver or pedestrian.

California Vehicle Code §20003 states in pertinent part:

“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.”

There are two statute that govern sentencing deadlines for a Los Angeles Hit and Run. They are divided up by damage to property and injury to person.

California Vehicle Code §20002 addresses damage to property. The relevant portion regarding sentencing guidelines reads as follows:

“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 §20002 makes it unlawful for a person to cause damage to property without leaving contact information. California Vehicle Code §20003 makes it unlawful to cause injury to a person with your vehicle and drive away with stopping to provide assistance and contact information.

Damage to Property:

Under California VC §20002, there must be damage to property. It is one of the elements to be charged with a Hit and Run. If no property has been damaged, then prosecutors will have a hard time proving that there is enough to charge a driver with Hit and Run.

A Los Angeles Hit and Run is a unique charge, because if properly handled by a Los Angeles Criminal Defense Attorney, your case may not be filed at all.

In order to understand how a legal professional can prevent your case from being filed, it is important to understand the process and how it works. When an alleged hit and run has occurred, officers will serve the driver with a citation that states a court date and location. This does not mean that a case has been filed.

An officer’s task is investigative. The officer will provide observations in a police report and pass the case along to Prosecutors. It is simply their job to function as the investigative unit. To provide the facts as they happened. They do not decide whether the case will get filed and whether a person will be charged with a Hit and Run.

Oftentimes a hit and run occurs during a DUI. Many clients believe that because the charges arise out of one incident, that they are not two separate cases. While they may not be two separate cases, they are certainly two separate charges. A person who is charged with a Hit and Run, and a DUI,sis going to be facing two separate charges, with two separate sentences.

A driving under the influence charge is a serious offense on its own. It may lead to potential jail time, probation, fines and penalties. A hit and run faces the same consequences but in addition to the DUI.

Let’s consider an example. David is driving home from a party at 4:00 AM. He has had three beers and does not feel that he is intoxicated. As he is driving home, someone hits his car from the back. Frustrated and tired,sDavid jots down the license plate and the car, and drives off. It is David’s intention that he will contact the other driver the next day, once he has had some time to rest and it is not so late.

For all criminal charges, there are certain defenses available to the person being charged. This is also the case for a Los Angeles Hit and Run. In order for a person to be convicted of a Hit and Run, the prosecutors must prove that the person beyond a reasonable doubt was involved with damaging another person’s property, or injuring another person and that the person fled the scene without providing any contact information.

Another important note about Hit and Run is that it does not require intent. Even if a person has every intention of exchanging information later, it will not matter unless the information is exchanged at the scene. Of course, like any criminal charge, there are ways to negotiation and present facts to a Prosecutor that will allow them to reduce or dismiss charges.

One of the potential defenses available to those charged with a Hit and Run, is the emergency defense. If a person finds themselves in an emergency, presenting the emergency with sufficient evidence to support it, may result in a dismissal of the hit and run charge.

For a person to be found guilty of a Hit and Run, the court must first find that the person is guilty of each of the elements of a Hit and Run. The court must prove that there is beyond a reasonable doubt that the person committed each of the acts requisite for a hit and run.

A hit and run requires two elements. There must be damage or injury to person or property, and the person must have fled the scene without leaving any contact information. Notice one important element is missing in a hit and run that is required in most criminal cases: intent.

In a Los Angeles Hit and Run, you do not need to have any intent to leave the scene without leaving contact information, all you have to do is leave the scene. This is a great weakness in many cases because oftentimes people mistakenly believe that their intent is a defense to the Hit and Run charge. This is not true, and despite the intent, a person may still be found guilty of a Hit and Run.