California Hit and Run Charges– Prosecution (CVC 20001 and CVC 20002)
Hit and Run is essentially the crime of leaving the scene of an accident. California Vehicle Code Section 20001 and 20002 1 requires that if you are involved in a vehicle collision, you must immediately stop, tend to any injuries, notify the police and exchange information. Failure to do all of the above may result in criminal hit and run charges being filed against you by the District Attorney of the county in which the accident occurred.
In order to find you guilty of hit and run charges, the prosecution must demonstrate that every element of the crime has been established beyond a reasonable doubt. Our attorneys at Wallin & Klarich want to share with you how you can be prosecuted for this potentially serious crime.
If you are facing hit and run charges, we strongly recommend that you speak to one of our experienced criminal defense attorneys today. There is no cost for the initial telephone consultation.
Prosecution for Hit and Run Causing Injury, Serious Bodily Injury or Death
In order to prove you guilty of hit and run charges causing bodily injury or death, the prosecution must prove the following elements of the crime beyond a reasonable doubt:
- You were driving a vehicle involved in an accident; and
- Someone other than yourself was injured, suffered a permanent or serious injury, or was killed; and
- You knew or reasonably should have known that you had been involved in an accident where another person had been injured.
“Permanent, serious injury” means the loss or permanent impairment of a bodily member or organ.
In addition to the above three elements, the prosecutor must show that you failed to perform any of the following duties:
1) Immediately stop at the scene of the accident; and
2) Provide reasonable assistance to any person injured as a result of the accident; and
3) Give the following information to the driver and/or occupants of any other vehicle involved in the collision, and to any traffic or police officer at the scene of the accident:
a) Your name and current address;
b) The registration number of the vehicle you were driving;
c) The name and current address of the owner of the vehicle you were driving if the vehicle does not belong to you;
d) The names and addresses of anyone that was with you in the vehicle you were driving if any of your passengers were injured.
Additionally, you must show a valid form of identification (your driver’s license, if you are in possession of one) to all those listed above.
If the accident causes death, you must report the accident to the California Department of Highway Patrol or to a local law enforcement agency if no police officer is at the scene of the accident.
Prosecution for Hit and Run Causing Property Damage (CVC 20002)
To prove you are guilty of a hit and run charges causing property damage, the prosecution must prove beyond a reasonable doubt all of the following elements of the crime:
1) You were driving a vehicle involved in an accident; and
2) The accident caused damage to someone else’s property; and
3) You knew or reasonably should have known that you had been involved in an accident causing property damage; and
4) You willfully failed to perform one of the following duties:
a) Immediately stop at the scene of the accident; and
b) Locate the owner or person in control of the damaged property and provide your name and current address. If the vehicle does not belong to you, you must also provide the name and address of the owner of the vehicle you were driving;
c) Leave in a conspicuous place on the damaged property a written notice including your name, address and details of the accident.
Additionally, the law requires that you notify the California Highway Patrol or a local law enforcement agency of the accident “without unnecessary delay.”
Contact our attorneys at Wallin & Klarich today if you are facing hit and run charges.
If you or someone you know is facing hit and run charges, you could be facing serious consequences. You need to contact an experienced defense attorney, who is dedicated to giving you the best representation possible. Our attorneys at Wallin & Klarich have over 30 years of experience successfully representing our clients facing hit and run charges.
With offices in Los Angeles, Sherman Oaks, Torrance, Tustin, San Diego, Riverside, San Bernardino, Ventura, West Covina and Victorville, Wallin & Klarich will make certain all of your rights are protected. We may be able to get the charges against you dismissed, or we will aggressively negotiate to reduce your sentence. We are committed to getting you the best possible result in your case.
Call us today at (877) 4-NO-JAIL or (877) 466-5245 for a free telephone consultation. We will get through this together.
All of the information provided on this page was retrieved from the following source:
1. [California Vehicle Code Section 20001 & 20002: http://www.leginfo.ca.gov/cgi-bin/displaycode?section=veh&group=19001-20000&file=20000-20018]↩