The CA Vehicle Code (CVC) Section 20001, Accidents and Accident Reports (Felony Hit-and-Run with injury or death), and CVC 20002, Accidents and Accident Reports (Misdemeanor Hit-and-Run with damages only), deal with hit-and-run accusations and accidents. Both are criminal charges.
When you leave the scene of an accident, you are committing a criminal offense. This is a requirement regardless of whether you knew of injuries or damage. Your best option is to remain silent and consult a traffic attorney with trial experience in Superior Court. Bigger & Harman, the Bakersfield Traffic Defense team, has that experience.
As with all criminal accusations, you are “presumed innocent until proven guilty in a court of law,” and must be afforded all the protections afforded by the Constitution, such as the “right to remain silent,” have an attorney present during questioning, and a trial by a jury of your peers, which is not normally afforded in traffic court.
Regardless of what the law enforcement officer (LEO) or an officer of the court may tell you, it is prudent to remain silent until you can consult with an attorney and invoke your Fifth Amendment right against self-incrimination, if necessary. Using those rights does not imply guilt and can give your attorney more options for your defense.
What Constitutes a Felony Hit-and-Run Accusation & What Are the Consequences if Convicted?
A felony hit-and-run charge results from a driver being accused of leaving the scene of a vehicular accident where there was an injury or death.
CVC Section 20001, Public Offense, warns CA drivers:
“(a) The driver of a vehicle involved in an accident resulting in injury to a person, other than himself or herself, or in the death of a person shall immediately stop the vehicle at the scene of the accident and shall fulfill the requirements of Sections 20003 and 20004.”
CVC 20003, Accidents and Accident Reports, states, among other things, “The driver also shall render to any person injured in the accident reasonable assistance, including transporting, or making arrangements for transporting, any injured person to a physician, surgeon, or hospital for medical or surgical treatment if it is apparent that treatment is necessary or if that transportation is requested by any injured person.”
If convicted, a driver can be fined between $1,000 and $10,000, or be confined in prison for up to one year, or both a fine and imprisonment. Probation is also an option — depending on the individual's record and the circumstances, the court has the discretion to waive the minimum imprisonment and impose probation.
Likewise, the court can consider the driver’s ability to pay while considering the fine. However, the sentence could be two to five years when severe injury or death results from the hit-and-run.
What Constitutes a Misdemeanor Hit-and-Run & What Are the Consequences if Convicted?
A misdemeanor hit-and-run charge results from a driver being accused of leaving the scene of a vehicular accident where there were property damages. This charge could stem from a vehicle causing damage to another vehicle or property, such as a mailbox or fence.
For instance, the driver backs up to make a U-turn and damages a fence. The driver of a large SUV might not even feel the bump or hear the crash if they are listening to the radio. However, this does not normally excuse the driver from leaving their driver’s license, registration, and insurance information and notifying the police without delay.
If there is no one around, they must try to find the property owner or leave 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…” and a point-of-contact (POC) in a prominent place, and notify the local police department “…without unnecessary delay,” as required in CVC Section 20004.
CVC Section 20002, Accidents and Accident Reports warns CA drivers:
“(a) 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. Moving the vehicle in accordance with this subdivision does not affect the question of fault.”
If convicted of misdemeanor hit-and-run, a driver faces confinement or probation in the Kern County Jail for up to six months, a fine up to $1,000 plus court costs, penalties, plus state and county assessments, or both confinement/probation and fine.
If convicted of either hit-and-run accusation, the DMV will assess two negligent operator treatment system (NOTS) points that will remain on the driver’s record for seven to ten years. When the servicing auto insurance provider discovers the NOTS points, usually at renewal, they will often double or triple the driver’s premiums.
Therefore, the average California driver would have their premiums increase by $2,290, $4,580, or more — particularly when a teenage driver is on the policy.
Prevention could be as easy as being aware of your surroundings and reporting any accident, no matter how slight or insignificant it might seem. However, exercise your constitutional rights when prevention fails, and call Bigger & Harman immediately.
Contact Bigger & Harman When Faced with a Hit-and-Run Accusation in Kern County
When you’re accused of hit-and-run in Bakersfield or Kern County, contact the Bakersfield Traffic Defense Team of Bigger & Harman, APC. Give us a call at (661) 349-9300. Se habla Español (661) 349-9755.
We have a solid reputation for reliability and success in the Bakersfield Courthouse.
Use the contact form to schedule a consultation, or email us at attorney@biggerharmanlaw.com.
References:
The Bankrate.com article, Average cost of car insurance in CA for 2023.
CVC Section 20001, (Felony Hit-and-Run with injury or death), CVC Section 20002, (Misdemeanor Hit-and-Run with damages only), CVC Sections 20003 and 20004, (Reporting requirements).