Hit And Run: Sometimes Driving Away Is OK

Criminal defense lawyers in Orange County

California Vehicle Code Section 20002 requires a driver involved in and accident that results in damage to any property other than the driver’s own vehicle to immediately stop.  Orange County criminal defense lawyers know that you must then either:

1)      locate and notify the owner or the person in charge of the damaged property of the drivers name and address and, if requested, also present their driver’s license and vehicle registration; or

2)      Leave a note with this information in a conspicuous place AND call the police and report the accident without unnecessary delay.

Failure to do these things may lead to a conviction for hit and run which has pretty stiff penalties. A first-offense is punishable by a thousand dollar fine AND six months in the Orange County jail.

This seems pretty straight forward and simple, but any hit and run attorney will tell you that the facts of any specific case can complicate things. For example, in a recent case at the Harbor Justice Center, my client was charged with a hit and run after he was involved in a fender-bender in Newport Beach. In this case, the accident happened at a very busy dead-end street right where the beach begins. My client was at the end of the street backing out of a red zone. There was absolutely no parking available and there were lots of cars congesting the street.

In this case, the other driver was unloading beach gear from her car when the accident happened. My client acknowledged the accident and drove his vehicle away from the scene in order to get out of traffic. He parked at the closest available parking spot, which was a few blocks away. When me my client walked back to the accident scene, the driver of the other car was nowhere to be found. Based on the very minor nature of the accident and the unresolved question of who was at fault (the other car was also moving at the time), my client assumed that the other driver was not interested in exchanging information and she left the scene. However, the other driver had actually called the Newport Beach police and reported this as a hit and run. When the cops arrived, my client was nowhere to be found. When he was charged, he called his  hit and run lawyer. 

Now, at first blush, it sounds like my client didn’t stop right away. But a knowledgeable  criminal defense lawyer in Orange County  will tell you that sometimes you don’t have to stop right away. Vehicle Code Section 20002 says that a driver must immediately stop “at the nearest location that will not impede traffic or otherwise jeopardize the safety of other motorists”. Anyone who knows Newport Beach knows that finding a place that does not impede traffic on a summer day is not easy. Once we presented our intended defense that my client was simply complying with this provision of the law, the   District Attorney agreed to drop the charges and completely dismiss the case if my client took  a class on personal responsibility.

If you have been charged with a hit and run, or perhaps a hit and run in conjunction with a DUI, then call The Law Offices of EJ Stopyro today at (949) 559-5500 to speak to an experienced  Orange County criminal defense lawyer. The consultation is free and confidential. Or visit our website at www.EJEsquire.com.  

DUI Attorney in Orange County