You are involved in a car accident, the fault is 50-50, can you be criminally charged?
This was a case where the defendant was involved in a traffic matter where he and another car merged into the same lane at the same time. There was apparently a 50-50 split on the fault of the collision, however, after the contact Mr. Mehta left the scene without leaving his identifying information or stopping to speak with the other driver. He also did not contact a police agency to let them know what had happened.
The other driver eventually contacted police and reported the incident.
The police followed up and contacted Mr.
Mehta after observing fresh damage to his vehicle that was parked outside his residence. Mr. Mehta then confirmed that he was the driver and that he was unaware of the damage to the other vehicle.
However, the crime of Vehicle Code Section 20002(a), states that the driver of any vehicle involved in an accident resulting only in damage to any property, including vehicles, shall immediately stop the vehicle at the nearest location that will not impede traffic or otherwise jeopardize the safety of other motorists.
The driver must then locate and notify the owner or person in charge of that property of the name and address of the driver and owner of the vehicle involved and, upon locating the driver of any other vehicle involved or the owner or person in charge of any damaged property, upon being requested, present his or her driver’s license, and vehicle registration, to the other driver, property owner, or person in charge of that property.
Or leave in a conspicuous place on the vehicle or other property damaged a written notice giving the name and address of the driver and of the owner of the vehicle involved and a statement of the circumstances thereof and shall without unnecessary delay notify the Police department of the city wherein the collision occurred or, if the collision occurred in unincorporated territory, the local headquarters of the Department of the California Highway Patrol.
Because he was young and although criminally liable, not per se at fault, I was able to convince the district attorney to give him an opportunity to earn a dismissal by taking a driver education class and submitting his DNA sample to the district attorney.
He could have taken this case to trial, but there is no guarantee of a dismissal at a jury trial.
If you or your loved one is facing similar charges, call our criminal defense attorneys at 888-749-0034. We have been defending clients for over 40 years in Los Angeles, Orange County, San Bernardino, Riverside and Ventura Counties. We have been successful in over 1000s cases.
