California Hit and Run Defense Attorneys

What You Need to Know About Hit and Run Cases

After an accident, no matter how minor, California drivers are legally obligated to stop. The law requires that you stop your car, pull it away from traffic, if possible and exchange insurance information with any other drivers involved. If anyone was injured, you must offer help or call an ambulance or law enforcement if necessary. Even if you only hit a parked car or another inanimate object, you must still make efforts to either locate the owner or leave a note with your name, address and the circumstances of the accident. If you fail to do this, you could be charged with a hit and run, which could be charged as a felony or a misdemeanor, depending on how serious the accident was. This is true regardless of whether you caused the accident, or whether your insurance company decided that you were not at fault.

The law lays serious penalties on drivers who flee an accident that caused a death or a permanent injury. These drivers face a felony charge carrying up to four years in state prison, up to a year in county jail and/or a fine of up to $10,000. In addition, they may face revocation of their driver’s licenses for a year. If the accident caused a non-permanent injury, you could be incarcerated for up to a year and fined up to $10,000, plus a license suspension. If the accident caused only property damage, you will still face a misdemeanor charge carrying up to six months in jail, a fine of up to $1,000 and a possible license suspension. All of these are separate from any other charges you may face as a result of the accident.

If law enforcement suspects your vehicle of being involved in a hit and run accident, they will usually contact you by mail, asking you to bring the vehicle to a station and tell them what happened. If this happens to you, we strongly suggest that you call Wallin & Klarich before contacting law enforcement in any way. You should know your legal rights before making statements to law enforcement, because the officers who interview you will be much more experienced than you are in the law and in effective interview techniques. Anything you say to the officers may be used to charge you with fleeing the scene of an accident. The California Hit and Run attorneys at Wallin & Klarich can represent you in this interview and protect your rights.

There are many possible defenses to a charge of leaving the scene of an accident, and Wallin & Klarich has successfully defended countless clients facing that charge. In some cases, there may be problems proving that you were driving the vehicle during the accident; in other cases, the driver may not have even realized he or she caused an accident. As soon as we take your case, Wallin & Klarich attorneys will review the facts to look for situations like these that can help us get the charges dropped or reduced, or defend you in court. Call us as soon as possible for a free evaluation of your case.

At Wallin & Klarich, we approach every case with the belief that the person we’re defending could easily be one of our own family members. We’ve seen firsthand how stressful legal matters can be for our clients and their loved ones. We are committed to being available to our clients at all times — 24 hours a day, 7 days a week, 365 days a year. If you or someone you love is facing a hit and run charge in Southern California, you should call Wallin & Klarich today for a free evaluation of your case. Call 1-888-749-0034 or fill out our online consultation form to get in contact with a legal professional today.

More California Hit and Run Defense Information

• Hit and Run: What You Need to Know
• Hit and Run Prosecution
• Hit and Run Defenses
• Hit and Run Sentencing
• Hit and Run FAQs
• Client Testimonials: Hit and Run

California Hit & Run Law Firm

Hit and Run FAQs – California Vehicle Code 20001-20002

Committing a hit and run is a serious crime in California. If you are charged with a hit and run, it is important that you talk to an experienced hit and run attorney. The consequences of a hit and run conviction can be severe. The attorneys at Wallin & Klarich know that these situations happen. We will be here for you if you need the help.

Under California Vehicle Code Section 20001 and 20002, the driver of a vehicle involved in an accident must immediately stop the vehicle at the scene of the accident and fulfill the requirements of Vehicle Code Section 20003 and 20004. V.C. Sections 20003 and V.C. 20004 requires the driver involved in an accident to give his or her information to the police officer on the scene of the accident, or to the occupants of the other vehicle if requested, and/or report the accident to local authorities.

The punishment for hit and run can be severe. A conviction for hit and run can be punishable by imprisonment for up to four years in state prison, or a fine of up to ten thousand dollars ($10,000), or by both fine and imprisonment.

A person who flees the scene of the crime after committing vehicular manslaughter under California Penal Code Sections 191.5 or 192, upon conviction under any of these sections shall be punished by an additional term of imprisonment of five years in the state prison.

If you or a loved one has been charged with a hit and run, it is critical that you talk to an experienced criminal defense attorney. At Wallin & Klarich, our attorneys have over 30 years of experience in handling all types of criminal matters. Our Orange County Hit & Run Defense attorneys will defend your rights and will represent you aggressively to get the best possible result in your case. Call us today at (888) 280-6839 or visit us on our website at www.wklaw.com. We will be there when you call.

More California Hit and Run Defense Information

• Hit and Run: What You Need to Know
• Hit and Run Prosecution
• Hit and Run Defenses
• Hit and Run Sentencing
• Hit and Run FAQs
• Client Testimonials: Hit and Run

California Hit & Run Attorneys

Hit and Run Prosecution – California Vehicle Code 20001-20002

Hit and Run – Death or Serious Bodily Injury – Vehicle Code 20001

To prove that the defendant is guilty of a hit and run causing death or serious bodily injury, the prosecution must prove that:

1. While driving, the defendant was involved in a vehicle accident;
2. The accident caused (the death of/or permanent, serious injury to) someone else;
3. The defendant knew that (he/she) had been involved in an accident that injured another person [or knew from the nature of the accident that it was probable that another person had been injured];

AND

1. To stop immediately at the scene of the accident;
2. To provide reasonable assistance to any person injured in the accident;
3. To give to (the person struck/the driver or occupants of any vehicle collided with) or any peace officer at the scene of the accident all of the following information:
   • The defendant’s name and current residence address; AND
   • The registration number of the vehicle (he/she) was driving

   If defendent was not the owner of the vehicle
   AND

   • The name and current residence address of the owner of the vehicle if the defendant is not the owner.

   If occupants of defendant’s vehicle were injured
   AND

   • The names and current residential addresses of any occupants of the defendant’s vehicle who were injured in the accident.

   AND

   • When requested, to show (his/her) driver’s license to (the person struck/the driver or occupants of any vehicle collided with or any peace officer) at the scene of the accident.

   If accident caused death
   AND

   • The driver must, without unnecessary delay, notify either the police department of the city where the accident happened or the local headquarters of the California Highway Patrol if the accident happened in an unincorporated area.

Hit and Run – Property Damage – Vehicle Code 20002

To prove that the defendant is guilty of a hit and run causing property damage, the People must prove that:

1. While driving, the defendant was involved in a vehicle accident;
2. The accident caused damage to someone else’s property;
3. The defendant knew that (he/she) had been involved in an accident that caused property damage [or knew from the nature of the accident that it was probable that property had been damaged];

AND

1. 1. The defendant willfully failed to perform one or more of the following duties:
   1. To stop immediately at the scene of the accident;

   OR

   2. To provide the owner or person in control of the damaged property with (his/her) name and current residence address [and the name and address of the owner of the vehicle the defendant was driving].
   1. The driver may locate the owner or person in control of the damaged property and give that person the information directly. On request, the driver must also show that person his or her driver’s license and the vehicle registration;

   OR

   2. The driver may leave the required information in a written note in a conspicuous place on the vehicle or other damaged property. The driver must then also, without unnecessary delay, notify either the police department of the city where the accident happened or the local headquarters of the California Highway Patrol if the accident happened in an unincorporated area.

The driver of a vehicle may provide the required information in one of two ways:

Additional Information:

Someone commits an act willfully when he or she does it willingly or on purpose. It is not required that he or she intend to break the law, hurt someone else, or gain any advantage.

The duty to stop immediately means that the driver must stop his or her vehicle as soon as reasonably possible under the circumstances.

To provide reasonable assistance means the driver must determine what assistance, if any, the injured person needs and make a reasonable effort to see that such assistance is provided, either by the driver or someone else. Reasonable assistance includes transporting anyone who has been injured for medical treatment, or arranging the transportation for such treatment, if it is apparent that treatment is necessary or if an injured person requests transportation. (The driver is not required to provide assistance that is unnecessary or that is already being provided by someone else. However, the requirement that the driver provide assistance is not excused merely because bystanders are on the scene or could provide assistance.)

A permanent, serious injury is one that permanently impairs the function or causes the loss of any organ or body part.

The driver of a vehicle must perform the duties listed in Vehicle Code Section 20003-20004 regardless of who was injured and regardless of how or why the accident happened. It does not matter if someone else caused the accident or if the accident was unavoidable.

If the accident caused the defendant to be unconscious or disabled so that (he/she) was not capable of performing the duties required by law, then (he/she) did not have to perform those duties at that time. However, (he/she) was required to do so as soon as reasonably possible

More California Hit and Run Defense Information

• Hit and Run: What You Need to Know
• Hit and Run Prosecution
• Hit and Run Defenses
• Hit and Run Sentencing
• Hit and Run FAQs
• Client Testimonials: Hit and Run

California Hit & Run Attorneys

Hit and Run Defenses – California Vehicle Code 20001-20002

No Accident
There needs to be an accident for a hit and run to occur. If an accident did not occur, this can be used as a defense to the charges under Vehicle Code Section 20001 and 20002.

No Death/Serious Injury Occurred
The defendant cannot be convicted under California Vehicle Code Section 20001 if there was no death or serious injury to someone else. If charged, the defendant can raise the defense that no death or serious injury occurred to someone else. However, the defendant may still be charged with hit and run with damage to property under California Vehicle Code Section 20002.

No Damage to Property
The defendant cannot be convicted under California Vehicle Code Section 20002 if there was no damage to someone else’s property. For example, if you are charged for hit and run causing damage to property, but your accuser’s vehicle has no signs of damage upon inspection, you can use this as a defense to have your case dismissed or be acquitted in trial.

No Knowledge of Injury
Not having knowledge that there was a death or injury in a hit and run case is a viable defense to a charge under Vehicle Code 20001. The defendant can also claim a lack of knowledge of another’s injuries if it was not probable, under the circumstances, that another person had been injured.

No Knowledge of Property Damage
As with death/injury in a hit and run case, if the defendant did not have knowledge of property damage occurring, it can be used as a defense against the charge of hit and run causing property damage under Vehicle Code Section 20002.

Did Not Willfully Fail to Stop
The defendant can claim he or she did not willfully fail to stop as a defense to the charges. For example, the defendant is caught up in a road rage incident because he/she cut in front of another driver. The other driver pulls up to the defendant and starts cursing and threatening to kill the defendant. The upset driver then suddenly cuts in front of the defendant causing the defendant to rear end him/her. The defendant has reason to fear for his/her safety because he/she had just been threatened and decides not to stop. This can be a defense as to why the defendant did not stop. However, the defendant should notify authorities of the accident without unnecessary delay.

Could Not Give Reasonable Assistance
Not being able to give reasonable assistance is a viable defense for the defendant charged with a hit and run causing death/injury. For example, the defendant is driving and causes an accident that injures the other driver. Upon the collision, the defendant is knocked unconscious. The defendant cannot reasonably assist the other driver in this example.

Defendant Was Not the One Driving
The defendant cannot be charged under Vehicle Code 20001/20002 if the defendant was not the person driving the vehicle at the time of the accident.

More California Hit and Run Defense Information

• Hit and Run: What You Need to Know
• Hit and Run Prosecution
• Hit and Run Defenses
• Hit and Run Sentencing
• Hit and Run FAQs
• Client Testimonials: Hit and Run

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Hit and Run – Sentencing and Punishment – California Vehicle Code 20001-20002

Hit and Run Causing Injury – California Vehicle Code 20001(b)(1)
A hit and run under California Vehicle Code 20001 is a “wobbler.” This means the prosecution has the discretion to charge hit and run as a misdemeanor or a felony.

A felony conviction for a person who was involved in a hit and run accident resulting in an injury to someone else can be punished by imprisonment in the state prison for up to four years, or a fine from one thousand dollars to ten thousand dollars ($1,000-$10,000), or by both a fine and imprisonment.

A misdemeanor conviction is punishable by imprisonment in the county jail for up to one year, or a fine from one thousand dollars to ten thousand dollars ($1,000-$10,000), or by both a fine and imprisonment.

Hit and Run Causing Death – California Vehicle Code 20001(b)(2)
A felony conviction for a person who was involved in a hit and run accident resulting in death or permanent or serious injury to someone else can be punished by imprisonment in the state prison for up to four years, or by a fine from one thousand dollars to ten thousand dollars ($1,000-$10,000), or by both a fine and imprisonment.

A misdemeanor conviction is punishable by imprisonment in the county jail for a period between 90 days to one year, or by a fine of one thousand dollars to ten thousand dollars ($1,000-$10,000), or by both fine and imprisonment.

Hit and Run with Vehicular Manslaughter – California Vehicle Code 20001(c)
A person who flees the scene of the crime after committing vehicular manslaughter under Penal Code Section 191.5 or Section 192(c)(1), upon conviction of any of those sections, in addition and consecutive to the punishment prescribed, shall be punished by an additional term of imprisonment of five years in the state prison.

Hit and Run with Damage to Property – California Vehicle Code 20002
A person who is involved in an accident causing damage to someone else’s property and fails to notify the owner is guilty of a misdemeanor. The penalty under this section is imprisonment in the county jail for up to six months, or by a fine of up to one thousand dollars ($1,000), or by both a fine and imprisonment.

More California Hit and Run Defense Information

• Hit and Run: What You Need to Know
• Hit and Run Prosecution
• Hit and Run Defenses
• Hit and Run Sentencing
• Hit and Run FAQs
• Client Testimonials: Hit and Run

California Hit & Run Law Firm

Hit and Run FAQs –California Vehicle Code Section 20001-20002

What can an attorney do to attempt to reduce a felony hit and run charge?

An experienced hit and run attorney would try to have the charges dismissed. If that is not successful the attorney can attempt to negotiate a plea reduction which can result in a positive outcome in your case.

What if I felt like the accident was the other driver’s fault, do I have to render reasonable assistance?

The law requires for a driver to render reasonable assistance if anyone else is injured. It does not matter that you believe the other person is at fault. If you fail to give reasonable assistance to another person who is injured, you may incur a hit and run charge for failure to perform a required duty.

What if other people are already helping the other driver?

The defendant is not required to provide assistance to the injured person if it was not necessary in light of aid provided by others. If paramedics immediately arrived at the scene of the accident and provided assistance to the injured person, the defendant does not need to provide any assistance. However, the driver at a minimum must first ascertain what assistance the injured person needs, and then the driver must make a reasonable effort to see that such assistance is provided. The presence of bystanders who offer assistance is not alone sufficient to relieve the defendant of the duty to render aid.

What information must I give to the police officer and the other driver?

The defendant must give the police officer at the scene of the accident the following:

• The defendant’s name and current residence address
• The registration number of the vehicle he or she was driving
• If the defendant did not own the car, the defendant must also give the name and current residence address of the owner of the vehicle.
• If the occupants of the defendant’s vehicle were injured, the defendant must also give the names and current residence addresses of any occupants who were injured in the accident.
• The defendant must also show, when requested, his or her driver’s license to the police officer or any other driver or occupants of any vehicle involved in the collision.
• If the accident caused a death, the driver must, without unnecessary delay, notify the police department of the city where the accident happened.

More California Hit and Run Defense Information

• Hit and Run: What You Need to Know
• Hit and Run Prosecution
• Hit and Run Defenses
• Hit and Run Sentencing
• Hit and Run FAQs
• Client Testimonials: Hit and Run

Testimonials

Hit and Run

Thank you for the excellent professional service you provided in my case. The attorney was easy to talk too and listened to my concerns and discussed and answered them with straight forward information. I was very thankful for your honesty. I am extremely pleased with the outcome.

It really does pay to have the best legal advice. You exceeded my expectations! I would recommend you to anyone and everyone who is facing uncertainty in any legal actions. My advice, contact Wallin & Klarich, A Law Corporation from the moment you receive notification of any legal action. The comfort you receive from knowing you hired the best is well worth the money and time spent.

Thank you again for everything…
-M.T.

I was sent a notice to appear on a hit and run case in Riverside. I hired Wallin & Klarich to represent me. A Wallin & Klarich attorney was assigned to handle my case. The WK attorney was able to negotiate my case with the District Attorney and get them to agree to a Civil Compromise which dismisses the case if the alleged victim in the case is reimbursed for any damages and agrees to it. My WK attorney spoke with the property owner and was able to get them to agree to the Civil Compromise. I paid for the damages without admitting guilt and the whole case was dismissed against me. If you are ever in need of an attorney, I would highly recomment The Law Offices of Wallin & Klarich. Their attorneys are local to the courts which all clients benefit from since they work with the same District Attorneys and Judges on a dily basis.

-D.D.
After I was arrested for a felony hit and run with injuries to the other party, I hired the law offices of Wallin & Klarich to represent me. Even though the their parties suffered serious injuries requiring treatment at a hospital, My Wallin & Klarich attorney was able to convince the District attorney to reduce the charges to misdemeanors. My Wallin & Klarich attorney was then able to negotiate with the judge and I was only sentenced to community service with a small fine.

-S.C.
I was accused of Hit and Run, wherein my vehicle collided with another vehicle, and I did not stop to exchange information with the other driver. I did not realize at the time that this offense could carry a sentence of six months in jail and $1,000.00 fine. I called the offices of Wallin & Klarich for help. They et me up with their lawyer who regularly appears in the court my case was pending and who is the most familiar with the district attorneys and judges in that particular court. I was advised that my lawyer being familiar with the judges and district attorneys would make a difference in my case. In the end I completed 15 days of work for the county and the charge against me was completely dismissed. It was very important to me to get a dismissal because otherwise my job might have been effected. I am very happy with what the attorneys at Wallin & Klarich did for me and I would enthusiastically recommend them for any criminal matter.

-S.G.
“I was arrested on a five year old warrant for a hit and run. The District Attorney charged me with Felony hit and run. I hired Wallin & Klarich to represent me. The initial court appearance they offered my attorney was a misdemeanor with 3 years probation and 30 days jail. She rejected their offer and advised them that she would be filing a motion based on the fact that my right to a speedy trial had been violated. The District Attorney would not concede to the motion even though they could not find the alleged victim or any of the witnesses. The Judge heard argument on the motion and granted the defense motion. The entire case was dismissed because my right to a speedy trial had been violated. Wallin & Klarich kept me out of jail and kept my record clear.”

-D.C.
“I would like to tell you that Wallin & Klarich did a great job on my case. I was charged with a Hit and Run. I have never been in trouble in my life and knew I had to face some consequences. I knew that a typical case would land me about a month of jail time. This is something I could not afford as I am a family man and must work to support my family. Wallin & Klarich worked with the prosecutors and the judge and was able to get me only to do some community service. I have learned my lesson and at the same time I am also able to maintain supporting my family by not going to jail.”

-S.J.
“Wallin & Klarich got my case dismissed! I was backing out of my parking spot and accidentally bumped another vehicle. I left my information for the other vehicle’s owner to contact me. Instead, I was contacted by the City Attorney’s Office telling me that I was charged with hit and run and that I needed to go to court. I contacted the law offices of Wallin & Klarich for their assistance in court. Wallin & Klarich told me about resolving this matter by civil compromise. Together, we made arrangements to compensate the owner of her damages and obtain proof of payment from my insurance company. Wallin & Klarich then moved the court for a dismissal of my case and the dismissal was granted. Wallin & Klarich kept my criminal record free of any convictions.”

-J.R.
“I was arrested for hit and run and possession of cocaine. A family friend was represented by Wallin & Klarich in the past and they urged me to call them to help me. My family called Wallin & Klarich and arranged to have them represent me in court. My attorney appeared on my first court date and convinced the court to reduce my bail substantially. That allowed me to get out of jail later that day. The next time we went to court my attorney worked out a resolution to my case. The drug charges were dismissed and all I had to do was pay a fine. The important thing was that I did not have to return to jail on this case. I am really glad Wallin & Klarich was there to help me.”

-T.G.

More California Hit and Run Information

• Hit and Run: What You Need to Know
• Hit and Run Prosecution
• Hit and Run Defenses
• Hit and Run Sentencing
• Hit and Run FAQs
• Client Testimonials: Hit and Run