The consequences of a conviction for a misdemeanor hit-and-run accident are severe.
If convicted of a misdemeanor hit-and-run, the defendant could be sentenced to six months in Kern County Jail, three years of probation, restitution to the victim for property damage, two Negligent Operator Treatment System (NOTS) points, and/or a base fine of $1,000.
The significant difference between a misdemeanor hit-and-run and a felony hit-and-run is that the misdemeanor only involved property damage, while the felony type includes an injury or death, regardless of whether the driver was aware of an injury.
What Is a Misdemeanor
According to the Cornell Law School Legal Information Institute (LII), a misdemeanor is defined as:
“A misdemeanor is typically a crime punishable by less than 12 months in jail. Community service, probation, fines, and imprisonment for less than a year are commonly issued punishments for misdemeanors. More grievous crimes, felonies, carry stiffer penalties, including jail time of more than 12 months.”
What Is a Misdemeanor Hit-and-Run
Therefore, say you are backing up and knock over a mailbox. You drove off without leaving all of your required information or making reasonable attempts to contact the owner of the mailbox.
You could be guilty of a misdemeanor hit-and-run under CA Vehicle Code (VC) Section 20002, Accidents and Accident Reports.
“(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.”
“(c) Any person failing to comply with all the requirements of this section is guilty of a misdemeanorand, upon conviction thereof, shall be punished by imprisonment in the county jail not exceeding six months, or by a fine not exceeding one thousand dollars ($1,000), or by both that imprisonment and fine.
How to Avoid a Misdemeanor Hit and Run Conviction
In California, leaving the scene of a property damage-only accident is a misdemeanor offense. Here are the essential steps to help avoid a misdemeanor hit-and-run conviction:
Stop and Share Information: California law requires drivers to stop at the accident scene and exchange contact and insurance details with the other party when property damage occurs, as soon as it is safe to do so.
Notify Authorities Promptly: Report the incident to local law enforcement or the DMV immediately. Doing so demonstrates cooperation and helps create an official record of responsible actions.
Inform Your Insurance Provider: Notify your insurer about the incident with accurate and honest details.
Misdemeanor hit-and-run convictions can result in substantial fines of up to $1,000 and/or jail time or probation. Don’t risk it with self-representation.
Exercise Your Right to Remain Silent and Consult an Attorney
If you are questioned by law enforcement following a hit-and-run, exercising your rights is essential:
Right to Remain Silent: Avoid self-incrimination by remaining silent until consulting an attorney.
Contact an Attorney: Seek advice from a traffic attorney experienced in hit-and-run cases who can provide tailored guidance.
Have Legal Representation Present: Having an attorney during questioning safeguards your rights and prevents potential missteps.
Facing misdemeanor hit and run allegations in Kern County can carry severe consequences. Understanding these penalties and taking steps to protect your rights is crucial.
Legal Compliance and Avoiding Hit and Run Convictions
Complying with legal obligations such as stopping, exchanging details, and reporting the incident can help avoid a misdemeanor hit-and-run conviction.
When there are injuries, stopping, offering aid, and cooperating with authorities—while exercising your right to remain silent—can help avoid serious charges.
A skilled traffic attorney can help navigate hit-and-run cases, build a solid defense and advocate on your behalf.
They will work to minimize fines, reduce jail time, and pursue alternative sentences when possible. Legal support enables you to protect your rights and interests throughout the legal process.
If you’re facing misdemeanor charges in Kern County, consult a reputable traffic attorney promptly. They will provide the guidance and representation needed to reduce potential penalties and help you through this challenging situation.
An experienced traffic attorney can significantly improve the outcome of felony or misdemeanor hit-and-run cases.
Contact Bigger & Harman About a Misdemeanor Hit and Run Charge Immediately
If you’ve been accused of a misdemeanor hit-and-run in Bakersfield 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 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 2024.
Cornell Law School LII WEX Definitions: Misdemeanor.
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).