Charged With A Hit And Run In San Diego, What Do I Do Now?
In California, a hit and run is a very serious crime under California Vehicle Code section 20001 and 20002. A hit and run occurs when the driver of a motor vehicle knowingly leaves the scene of an accident without identifying themselves to the other individual(s) involved. If you are being charged with a hit and run in San Diego it is important to understand the consequences you may be facing.
A hit and run charge can be filed as a misdemeanor under California Vehicle Code 20002 if the accident resulted in damage to other vehicles or structures and did not result in bodily injury. However, if the accident resulted in injury to persons, the hit and run charged can be filed as a felony under California Vehicle Code Section 20001
A felony conviction for a person who was involved in a hit and run accident can be punished by imprisonment in state prison for up to four years, or a fine from one thousand dollars to ten thousand dollars or by both a fine and imprisonment. A misdemeanor conviction is punishable by imprisonment in county jail for up to one year, or a fine from one thousand dollars to ten thousand dollars or by both a fine and imprisonment.
Under California law it is required that you stop your vehicle immediately and provide your name, current residential address and produce your driver’s license or any other form of identification upon request when in an accident.
In order for the prosecution to convict the defendant of a hit and run they must show:
Under C.V.C 20001:
- The accident caused (the death of/or permanent, serious injury to) someone else
- 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]
- The defendant did not provide reasonable assistance to any person injured in the accident
- If accident caused death the driver did not 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.
Under C.V.C. 20002:
- The accident caused damage to someone else’s property;
- 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]
The passing of California AB 184 increased the statute of limitations for hit and run charges. Now, the prosecution has 6 years from the time of the incident to file charges against you.
Due to the possibility of facing serious consequences, it is vital that you hire an aggressive and experienced San Diego hit and run attorney to raise the various defenses for your case.
At Wallin & Klarich, our attorneys have over 40 years of experience handling hit and run cases and will put that experience to use in defending you in your case. We will work to defend your rights and ensure that the best possible defenses are raised on your behalf. Call us today at 877-466-5245. We will be there for you when you call.
