Tuesday, December 31, 2013

DUI And Hit And Run: Often Charged Together



One of the most common pairing of charges in Orange County is the combination of DUI (drunk driving) and hit and run.  Orange County DUI Attorneys know there are a couple of obvious reasons why the crimes of DUI (DUI drugs) and hit and run are so commonly charged. First of all, there is no doubt that alcohol, beyond a certain amount, and drugs impair a driver’s ability to operate a vehicle. All of us, no matter how high a tolerance we may have, will lose our mental and physical abilities needed to drive safely after reaching our limit. Once impaired, a driver is more likely to become involved in a traffic accident. After an accident, a driver’s impaired judgment can lead to a bad decision to leave the scene. Another reason that DUI and hit and run are so commonly seen is that a driver who has had some alcohol and is involved in an accident will simply not want to stick around because they know they may be close to the legal limit.

Before you drive, whether you have alcohol or not, it is important to know what your responsibility is if you are involved in an accident. Knowing this, you can complete your legal obligation and be on your way BEFORE the police ever show up. So what is your obligation? Well, any hit and run attorney will tell you that if you were involved in an accident where only property was damaged and nobody was injured, you must immediately stop your car at the closest location that doesn’t impede traffic and is safe. (Vehicle Code Section 20002)Then, you must give the other driver, or person in charge of the property damaged, your name and residence address. If you are not the registered owner of the vehicle, you must also give the name and residence address of the registered owner.

If the other driver or person in charge of the property damaged wants to see your driver’s license and registration, you must show it to them. If there is nobody around to give your information to—as is the case where you hit a parked car or a fence—then you must leave in a conspicuous place your name and residence address, as well as that of the owner if you don’t own the vehicle, and a brief description of the events. If you leave a note because nobody is around, you must also call the police or CHP at your earliest convenience to report the accident. So if your cell phone is dead, you can call when you get home. But you should also call your hit and run lawyer in Orange County.

Once you fulfill your obligation by giving the other driver your information or by leaving a note, you are free to leave the scene. Any DUI lawyer in Orange County will tell you that you do NOT have to stick around and wait for the police—even if the other driver insists. If someone other than the driver is hurt in the accident, the driver must present their (and the owner’s) name, residence address, the registration number of the vehicle, as well as the names and residential addresses of anyone hurt in the driver’s car to any person struck or the driver of the other car and to the police if they are there. Again, if requested, the driver must also present their driver’s license and insurance information.

Call The Law Offices of EJ Stopyro at (949) 559-5500 to speak to an experienced Orange County hit and run lawyer or DUI Lawyer in Orange County. Or visit our website at www.EJEsquire.com. We have offices at: 1901 Newport Blvd., Suite 350, Costa Mesa, CA 92627 and 32072 Camino Capistrano, 2nd floor, San Juan Capistrano, CA 92675.

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