Accidents can happen in an instant, and a single mistake can put both your life and the lives of others at risk. Hit-and-run incidents are unfortunately common in California, despite the misconception that intoxicated drivers are solely responsible for these collisions. In reality, even sober drivers can be involved in hit-and-run incidents when they become frightened and flee the scene after realizing they have caused serious harm, injury, or property damage.
Under California law, the consequences are severe for both sober and drunk motorists involved in hit-and-run accidents. If you’re facing charges for such an incident in the Los Angeles area, the Law Offices of Anna R. Yum is here to help defend you. In the following sections, we will define hit-and-run, explore its consequences, and discuss potential legal defenses.
Understanding Hit and Run Under California Law
There are two important categories of hit-and-run incidents, which include both felonies and misdemeanors. A person may face charges for the misdemeanor hit and run (VC 20002) if they:
- Cause harm to private or public property
- Leave the scene of the accident without reporting it to the police or providing identification to the affected parties
According to VC 20002, if a driver operating a motor vehicle gets into a collision and damages property, such as vehicles, they should immediately stop the vehicle at the nearest safe spot that does not endanger oncoming traffic.
When the vehicle comes to a halt, the driver should do the following:
- If an automobile is involved, the driver will collect the name and address of the owner of the damaged vehicle. Additionally, they will search for the owner of the damaged property
- When asked, the driver will produce their driver’s license and vehicle registration after identifying themselves
- The driver is required to provide both the legal owner’s address of the vehicle and their current residential address
- If a motorist damages an unoccupied, parked automobile, he or she should leave a note at the site with his or her name, address, and the circumstances behind the damage
The definition of felony hit-and-run can be found under the provisions of California VC 20001. This code section states that it is illegal to leave the scene of an accident when someone has been injured or killed. According to VC 20001, if you are a motorist involved in an accident that causes injury or death, you are required to:
- Stop the vehicle immediately at the accident site
- Provide authorities and any parties present at the scene with information about your identity
- Offer anyone who is hurt appropriate assistance, such as making hospital transportation arrangements or obtaining medical care
- If there have been fatalities from the collision and there are no law enforcement authorities at the scene, you need to get in touch with the California Highway Patrol or the nearest law enforcement department.
- Give your driver’s license and vehicle registration to anyone requesting it, as well as any on-site authorities. If there are any wounded passengers in your car, you should also provide their identities
Regardless of the motorist who is to blame or the extent of the injury, failing to comply with these criteria can result in legal action and charges of felony hit-and-run. Furthermore, if you flee the scene after any of your fellow passengers pass away or sustain serious injuries, you risk facing punishment.
In certain circumstances, the prosecution may pursue hit-and-run charges as both a felony and a misdemeanor. This typically occurs when a hit-and-run incident results in damage to the other vehicle and minor injuries to the driver.
The prosecution can file two charges against you because they fear they might not be able to establish the element of knowledge regarding the injuries caused. By doing so, they aim to demonstrate that the defendant was aware of the damage done to the car. This could potentially lead to your conviction if they cannot prove that you were aware of or should have known about the injury.
Elements Of The Crime
To convict you of hit-and-run, the prosecution has to provide the court with sufficient evidence. Some of the elements the prosecutor needs to prove are:
You Were A Part of the Accident
If your automobile is involved in an accident, it could be due to natural or reasonable contributing factors. The prosecutor doesn’t need to demonstrate that you made contact with another car or property. However, in the case of a felony accusation, the prosecution should also demonstrate that the hit-and-run incident, in which you were involved, resulted in injuries or death. To prove a misdemeanor charge, the prosecution needs to establish that you were involved in a hit-and-run accident that resulted in property damage.
You Were Aware of The Accident
It will be presumed that you knew or should have reasonably known if there was an accident resulting in property damage, injury, or death. The severity of the accident will determine whether you should have known at least that someone was hurt, killed, or that property was damaged.
If your car was damaged in an accident and the damage is similar to that of another person involved in the incident, it’s important to note that this information can be used in felony and misdemeanor hit-and-run cases. The prosecution may use this information to establish your culpability in the hit-and-run incident. Note that this information can also be used as a defense against hit-and-run offenses.
You Deliberately Neglected to Carry Out At Least One Of The Necessary Obligations
“Willfully” refers to the intention behind your actions or inaction. If you left the site of the accident, did not identify yourself or provide information, or made no effort to offer reasonable aid, it indicates that you deliberately abandoned your necessary obligations. Both the driver and the owner of the vehicle, whose registration is involved in a hit-and-run, may face charges for the incident if they were in the car when it occurred. The prosecution could argue that the owner encouraged or counseled the motorist to disobey the law.
For instance, Sarah, the CEO of a legal firm, has a busy schedule and relies on a chauffeur to take her to different locations. Sarah often uses her laptop while seated in the rear of the vehicle. One day, she finds herself running late from a meeting and wants to get home before her kids go to bed.
Unfortunately, the motorist knocks down a pedestrian. Sarah gets frightened and orders the driver to leave the crash scene before anyone can see them, even if the pedestrian is injured. Since Sarah is the legal owner of the vehicle involved in the hit-and-run accident and she gave the chauffeur permission to leave the scene quickly, she may face similar charges if the chauffeur is detained.
Legal Defenses For Hit and Run Charges
A competent criminal defense lawyer can adjust his or her strategy to counter the prosecution’s position based on the specifics of your case. However, the defense strategies will vary depending on the kind of charges you are up against. Typical legal defenses include the following:
You Were The Only One Hurt, Or Your Car Was The Only Property Destroyed
Your counsel should demonstrate that the only item damaged in the collision was your vehicle if you are facing misdemeanor hit-and-run charges. In this scenario, you had no reason to stop. For instance, if you drive a small car and collide with a heavy truck, and only your car is damaged while the other party’s vehicle remains unharmed, you are not obligated to stop or provide information.
If you damage any property other than a car, the same rules will apply. You should not be prosecuted for hit-and-run causing property damage if you strike someone’s fence or gate while driving and no damage is done to their property. This is because you did not cause any harm to their property.
If you are the sole victim of a hit-and-run crime and the only person injured in the collision, you will not violate VC 20001. According to this rule, the motorist responsible for the collision is only required to fulfill the necessary tasks if another individual sustains injuries. VC 20001 is not violated if the motorist causing the collision is the only one who is injured.
It Wasn’t Deliberate For You To Leave The Scene Or Withhold Information From Other Parties When Asked
This legal defense primarily applies to hit-and-run incidents that lead to fatalities or serious injuries. It is generally risky to stay at the accident site if you have hit someone while driving and they have been killed or critically injured. In such situations, an angry crowd may form, seeking retribution. The most prudent action to take in such cases is to leave the scene.
If you choose to use this argument, your lawyer may assert that the accident scene was dangerous and present evidence to prove that you did not leave the site voluntarily. This evidence can effectively undermine the prosecution’s case and potentially lead to a drop or reduction of the charges against you.
You Had No Knowledge
You cannot be held accountable for an offense that you were unaware of. The same rules apply to hit-and-run incidents: if you were not aware that you were involved in the collision, you are not accountable for the crime. Similarly, you cannot be found guilty of breaking VC 20001 or 20002 if you had no reasonable suspicion that someone had been injured or killed and that property had been damaged.
In a felony hit-and-run case, your criminal defense lawyer can present the following arguments:
There Was No Actual Collision Involving Your Vehicle
The prosecution needs to present evidence of your involvement in an accident. It is possible to be directly or indirectly involved in a collision. Indirect involvement occurs when you cause another person to collide. There is also a possibility that you may have left the scene without realizing your involvement, leading others to collide.
When you shifted into reverse while operating a large SUV or truck, you collided with a small automobile. Your counsel can demonstrate that you were unaware of the accident by making this argument. When your SUV rear-ends a small car, it is possible that you may not immediately notice that an accident has occurred. However, you should not leave the scene, as the occupants of the small vehicle may have been injured.
Despite Having No Reason To Suspect The Incident, You Were In An Accident
If you were involved in an accident but were not injured, you may be able to use the lack of knowledge defense. Furthermore, this defense can prevail if the individuals in the other vehicle claim to be unharmed before you leave the scene without providing identification or supporting documentation. In such cases, the charges of hit-and-run can be reduced from felonies to misdemeanors based on the defendant’s lack of awareness.
Your counsel may argue that you inadvertently struck someone’s property during a misdemeanor hit-and-run, but claim that you were unaware of the incident due to the lack of substantial harm caused. Furthermore, if the incident involved backing a large SUV into a smaller car without your knowledge of the collision, the penalties may be dropped or reduced. This defense could also be applicable in cases of animal hit-and-runs.
It Wasn’t You
A common defense strategy for hit-and-run offenses, whether they are felonies or misdemeanors, is to claim that your vehicle was either stolen or accessed by someone else. If there are no witnesses who can identify you at the crime scene, it becomes challenging to disprove your presence. The prosecutor’s responsibility is to prove that the owner of the vehicle was the driver at the time of the crash. Therefore, this argument can potentially be successful in court when there is a lack of witnesses.
Note that even if there are no eyewitnesses, the argument won’t hold up in court if you fail to report the theft of your automobile to the local police department or if someone else gains access to it. The argument would only be valid if the police statement provided is true. It is important to note that filing a false police complaint is against the law and can lead to further trouble. Therefore, your counsel can only raise this argument if you have provided the police with an honest statement regarding the stolen vehicle.
Penalties for a Hit-and-Run Felony Crime
If you are found guilty of breaking California’s VC 20001, you may face two different types of prison sentences. The initial sentence will depend on whether you caused simple injuries. Whether the accident resulted in serious injuries, long-lasting damage, or both will determine the other sentence.
Consequently, the following consequences apply if you are found guilty of felony hit-and-run with minor injuries:
- A hefty fine not exceeding $10, 000
- If you are found guilty of a misdemeanor, you could potentially face a prison sentence of up to 12 months
- If the charge is upgraded to a felony, the potential prison time could be 16, 24, or 36 months
- Your DMV record will reflect two points
If you are found guilty of a hit-and-run that results in death or permanent bodily impairment, the following consequences apply:
- A maximum fine of ten thousand dollars
- Additionally, if the prosecution reduces the charges to a misdemeanor as part of a plea agreement, a sentence ranging from 3 to 12 months behind bars could be imposed
- If you are found guilty of hit-and-run, you may face sentences ranging from 24 to 48 years behind bars
- Restitution to the victims
- The DMV will charge you two points on your record
Penalties for Hit-and-Run Misdemeanor Crimes
If you are found guilty of breaking VC 20002, you are likely to face the following punishments:
- 36 months of misdemeanor probation
- 180 days or more in prison
- A maximum fine of $1,000 plus penalties determined by the court
- Payment back to the people whose property you destroyed
- Earn two points in your DMV record
If you are a first-time perpetrator and your offense does not involve any aggravating circumstances, you may be subject to misdemeanor hit-and-run penalties. However, these penalties are designed to keep you out of jail time.
Civil Compromise
If the misdemeanor hit-and-run accusation you are currently facing is an initial crime and there are no aggravating circumstances, you may have the opportunity to participate in a civil settlement. According to PC 1377, a civil compromise involves a legal action seeking monetary damages.
This implies that if the court allows you to have a lawyer after committing a hit-and-run violation resulting in property damage, the charges will be dropped as long as you have fully paid for the damages to the victim’s property.
Crimes Related to Hit and Run
Hit-and-run incidents are directly linked to several crimes. Both the offenses and the act of fleeing the scene can be prosecuted together. Some of these crimes include:
Driving Under the Influence
If you were under the influence of drugs or alcohol at the time of the accident, you will face charges from the prosecution for hit-and-run and driving while intoxicated. The DUI charge must accompany any hit-and-run charges, regardless of whether they are misdemeanor or felony charges. Since a DUI involves two violations, some individuals may face up to three counts. Driving while impaired by drugs or alcohol constitutes one offense while driving with a blood alcohol content of 0.08% or higher constitutes another.
Misdemeanor charges apply to violations of California VEH 23152a and VEH 23152b, especially for individuals who are first-time DUI offenders. The penalties for these convictions include the following:
- The minimum sentence is four days, while the maximum sentence can be up to 180 days behind bars
- A minimum fine of $390 and a maximum fine of $1000
- A driver’s license suspension or limitation ranging from 180 to 300 days
Being charged with both DUI and hit-and-run at the same time is an absolute nightmare, as the consequences can haunt you for life if found guilty. However, there is hope in working with a knowledgeable attorney who understands the full extent of the potential consequences. With their expertise, you can have a chance to receive reduced sentences.
Operating a Vehicle Without a License
If your driver’s license was expired at the time of the hit-and-run accident, you could also face charges for driving without a license. Violating VC 12500a can result in a maximum fine of $1000 as well as a potential 6-month prison sentence.
Vehicular Manslaughter
Vehicular manslaughter, as defined under PC 192(c), refers to the unfortunate death of another person caused by operating a motor vehicle. If the incident that led to the violation of VEH 20001 resulted in a fatality, you may face charges of felony hit-and-run and vehicular manslaughter.
In cases of vehicular manslaughter, the prosecution should establish the following elements:
- The defendant drove the car without permission
- The defendant was operating a vehicle in a lawful but risky manner
- The individual intentionally caused an accident, intending to gain financial benefits
If the prosecution confirms that these details are true and that you left the accident site without disclosing your identity, you could potentially face charges under California PC 192 and VC 20001. Penalties for vehicular manslaughter vary depending on whether the offense is classified as a misdemeanor or a felony. For felonies, the punishment for vehicular manslaughter is 365 days of imprisonment, while for misdemeanors, it ranges from 24 to 120 months.
The combination of felony hit-and-run and vehicular homicide while intoxicated can result in severe sentences. You could find yourself in state jail for a maximum of ten years.
Find a Los Angeles Criminal Defense Lawyer Near Me
If you are driving and cause any kind of collision without stopping, you violate California’s hit-and-run statutes. The consequences of hit-and-run incidents can be devastating for both the victims and their families. Consequently, authorities strive to ensure that those responsible for these incidents face the full extent of the law. However, it is important to note that hit-and-run incidents should not lead to wrongful convictions. If you require legal assistance for charges related to hit-and-run in Los Angeles, whether misdemeanor or felony, contact the Law Offices of Anna R. Yum today at 619-493-3461.
