Los Angeles Hit and Run Lawyer Blog

California Vehicle Code §20001 outlines the range of potential consequences for a person who has been convicted of a felony hit and run. The legislative provides a range, and it is up to the Prosecutor and the Judge to determine an appropriate sentence for each individual. In doing so, the Prosecutor will consider the person’s criminal history and the specific facts of the case.

A hit and run will be charged as a felony when there is injury to a person. The extent of that injury will be a powerful factor in the Judge’s final sentence. The more severe the injury, the higher penalty the sentence will entail. Accordingly, the less severe the injury, the lesser the sentence.

A person who has been charged with felony hit and run for the first time faces up to a year in county jail and a fine ranging from $1000 to $10,000.

California Vehicle Code § 20001 makes it unlawful for any driver that is involved in an accident, resulting in injury to another person, other than him or herself, or in the death of the person must immediately stop the vehicle at the scene of the accident. The driver causing injury must also provide the following:

• His or her name

• Current residence address

California Vehicle Code §§ 20001 and 20002 define the elements of a California Hit and Run. Both require different elements, and invoke a range of different penalties for those that are convicted under either statute.

California Vehicle Code §20001 outlines Felony hit and run, and California Vehicle Code §20002 outlines misdemeanor hit and run. The major different between the two is who or what the damage was done to.

A hit and run is generally defined as when a driver causes damage to someone’s vehicle, property or person and abandons the scene without providing adequate contact information. When the damage is to another’s vehicle or property, such as a fence or a house, then it will be charged as a misdemeanor.

Many of our clients come to us when they have been charged with a California Hit and Run. For a person to be convicted of a Hit and Run, there must be damage to person or property, and there must be a lack of information exchange.

There are often available defenses for a Hit and Run, but any possible defense must be addressed and assessed before the first court date, and early on, in order to have the best possible chances for dismissal or reduction.

One commonly used tool to help dismiss or reduce a Hit and Run case is Civil Compromise. Civil Compromise is an agreement made outside of court between the injured party and the person being charged. The person being called to court will agree to reimburse and make amends to the injured party, and in return, the injured party will agree to not bring charges. This is a method used in Civil Court and will be a valid dismissal before the civil judge. However, while a Civil Compromise may not dismiss a case right away before the Criminal Judge, it will certainly be a powerful argument to help aid in reducing or dismissing the criminal case.

A lot of my clients during a consultation ask me why it is important to have a Los Angeles Criminal Defense attorney when they have been arrested for a hit and run case. While it may seem straightforward to appear before a judge, the benefit of a knowledgeable attorney representing you not only reduces your stress but may lead to a reduction or dismissal of your case.

An attorney is able to gather more information regarding the incident from the authorities rather than if you attempted to do so yourself due to the valuable reputation they have built with the many judges and prosecutors in Southern California. Such information like; How much damage was there?, was there injury to the other party? Were the injuries major or minor? These facts are crucial in preparing a powerful defense. Additionally an attorney can contact the opposite party and explore the option to compromise out of court. If the opposite party is willing to reach an agreement outside of court and will be reimbursed, the criminal defense attorney can prepare a civil compromise which greatly increases the chances of the criminal case being dropped.

An attorney can also give you valuable advice on what to say and when it is best to decline not only in court before the Judge but also to your insurance company. One such case that was handled by our office involved a case in which we had the charge reduced but the DMV refused to acknowledge this reduction insisting that they must charge high rates. After much discussion between the insurance company, DMV and our office we were able to reduce the rates to the normal amount.

Hit and Run accidents are more common than people tend to think. According to statistics from the Federal Department of Transportation they have increased by 15% since 2000. Additionally, the federal statistics indicate that California has the highest number of accidents resulting from Hit and Runs. With so many offenses, the need for a highly skilled Los Angeles Criminal Defense attorney is necessary to prepare a civil compromise and prepare the best strategic defense possible.

There are many reasons people tend to commit Hit and Run offenses, including not having a valid driver’s license, have had their license revoked, can’t or haven’t paid their insurance, and many people who don’t qualify for a driver’s license in the first place. These are often the driving motivation for people to leave the scene after an accident, resulting in a Hit and Run. Fortunately, the majority of these accidents leaves damage to property more than persons, however, even the smallest injury to a person still causes great damage.

An experienced Los Angeles Criminal Defense attorney has handled thousands of Hit and Run cases. A knowledgeable attorney, like Ronald Hoffman, can provide a powerful defense and zealously advocate your case so that you see reduced charges or a dismissal. Our firm immediately gets to work convincing the injured party to drop charges and seek restitution outside of the court system. As a result we are able to prepare a civil compromise and present it to the prosecution which will not only strengthen your case and its chances for dismissal, but weaken prosecution’s desire to bring the case to court. Our goal from the beginning of your case through to its completion is to quickly take action, get the charges dropped and avoid any charges being put on your record.

When charged with a California Hit and Run case, there may be potential defenses, although they are successfully argued in few cases by an experienced Los Angeles attorney.

A defendant can argue that there was no or minimal damage. Damage to property or person is required for a valid Hit and Run case and to be charged under the appropriate statute. If there is no damage, then there cannot be a valid charge for a Hit and Run. If there is no real damage to victim’s property, the prosecution may not be able to bring a valid case against you.

Additionally, if there is little damage and you compensate the injured party for all damages incurred a civil compromise may strengthen your case. A Los Angeles attorney who has defended many Hit and Run cases will talk to the injured party who has been compensated for all damages and will work with them to help reduce charges or dismiss the case altogether.

When charged with a California Hit and Run you should be aware that it can result in either a felony or a misdemeanor, depending on the extent and nature of the damage. If the damage is to property, the case will be charged under California Vehicle Code 20002 as a misdemeanor. If the damage is to a person, the case will be charged under California Vehicle Code 20003 as a felony.

Potential penalties that may be given according to the California Vehicle Code include up to $1,000 in fines, and 0 to 6 months in jail. Sentencing may also include probation and alternative forms of sentencing such as community service.

In a misdemeanor case, the final sentence will be determined by the extent of property damage. The damage will fall within a range and the penalty will be given correspondingly. In a Hit and Run case in which the driver struck a person’s fence and caused little damage will see a penalty in the form of a low fine. In contrast, in a case where someone causes extensive damage to another person’s vehicle will be looking at a higher fine and possibly even some jail time.

A Hit and Run is a common vehicle code violation in the city of Los Angeles. So common in fact, that not only do local citizens get charged daily, but celebrities do as well.

On April 17, 2010, actress Heather Locklear was traced to a Hit and Run incident that occurred in the early morning hours. According to reports, the actress knocked over a “no parking” sign near her home in Westlake Village. She left without notifying any police officers or reporting the damage. The California Vehicle Code requires that anyone who damages property or causes injury to a person with their vehicle must exchange or attempt to exchange information with the injured party. Ms. Locklear left the scene after causing damage, without attempting to notify authorities or the police department.

Due to the fact that the damage was done to public property, the actress would be required, by law, to notify authorities. When defendants leave the scene without providing required information, officers are generally able to pinpoint the source by conducting an investigation. They will often study paint scraped off a car or dents made and will search for corresponding damage at the scene. Additionally, fragments left behind can be traced to the defendant’s vehicle. In the current case, officers conducted an examination of debris left at the scene and were able to trace it back to Ms. Locklear’s black 2005 BMW.

The California Penal Code divides the Hit and Run statute into two sections.

California Vehicle Code 20002 requires a) a driver who causes damage to only property, including another vehicle to immediately stop the vehicle in a location that does not impede traffic or jeopardize the safety of motorists. It further requires that the driver b) locate and notify the owner of the property damaged of the current information as provided by the statute; if the owner cannot be notified or located to c) leave a notice in a conspicuous place giving the name and address of the driver along with a statement, and must notify the police department without unnecessary delay.

In contrast California Vehicle Code 20003 requires a) a driver involved in an accident resulting in injury to, or death of any person, shall give their current information as provided by the statute to the person struck, or any occupants of the vehicle collided with. Additionally, the driver of the vehicle must also render reasonable assistance to any person injured in the accident. The driver must also, b) provide identification as asked by the injured party or any officer at the scene.