A hit-and-run charge is a serious matter. It is either a misdemeanor when there are property damages only, or a felony when there is an injury or death.
Understanding the charges and your rights is crucial. This blog post explores the different types of hit-and-run offenses and the importance of consulting a traffic attorney with trial experience when disputing hit-and-run charges.
California Hit-and-Run Charges: Misdemeanor vs. Felony
The CA Vehicle Code (VC) defines two categories of hit-and-run offenses. Both are criminal offenses.
A misdemeanor charge applies to incidents involving only property damage. However, if the accident resulted in injury or death, the charge becomes a felony, carrying far harsher penalties.
Disputing Hit-and-Run Charges (Misdemeanor—Property Damage Only)
CA VC Section 20002 (a) mandates that drivers involved in accidents resulting solely in property damage must stop immediately at a safe location.
The section emphasizes reporting the accident, even for seemingly minor damage. Neglecting to do so, even with the belief that the damage is insignificant, can lead to a misdemeanor hit-and-run charge.
Disputing Hit-and-Run Charges (Felony—Injury or Death)
CA VC Section 20001 (a) outlines the obligations of drivers involved in accidents causing injury or death.
The law requires immediate stoppage at the scene and adherence to further protocols. It's important to note that the law offers no exceptions for underestimating the severity of injuries. It is not up to the driver to determine.
However, disputing hit-and-run charges that result in injury or death might involve proving the driver was unaware of the accident or the extent of the injuries. These are details that must be discussed with an attorney before making a statement to the police or court officials.
You have a Constitutional right to “remain silent and make no statement without an attorney present.” Use it. Of course, the police will try to pressure you into making a statement, but any statement you make will hamper your defense.
Following Protocol After an Accident
Following a collision, California law mandates that drivers stop safely and exchange information with the other party if another vehicle is involved. CVC Section 20003, Reporting Requirements, details the required information exchange, including names, addresses, vehicle registration numbers, and owner information.
When Property Damage Occurs
If the accident involves damage to unoccupied property, the driver must attempt to locate the owner and exchange information. They are also obligated to report the accident and damage to the nearest police station. In situations where the owner cannot be found, leaving your information in a visible location and reporting the incident to the local police department fulfills the legal requirement.
Don't Face Hit-and-Run Charges Alone
Being charged with a hit-and-run offense, misdemeanor or felony, can have significant consequences. An experienced Kern County attorney can help dispute hit-and-run charges and protect your rights throughout the legal process.
It’s important to remember that according to CA traffic code, you are required to render aid and/or call for help:
“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.”—CA VC Section 20003, Reporting Requirements.
Regardless of the situation, invoke your right to remain silent, contact an attorney, and make no statement to law enforcement or court officials without having an attorney present.
Contact Bigger & Harman About Disputing a Hit-and-Run Charge in Kern County
When you have questions about disputing a hit-and-run charge in Shafter Courthouse in 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.
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.
CA VC Section 20001, (Felony Hit-and-Run with injury or death), CA VC Section 20002, (Misdemeanor Hit-and-Run with damages only), CA VC Sections 20003 and 20004, (Reporting requirements).