In California, there are two kinds of hit and run. Felony
hit and run happens when someone other than the defendant was injured in an
accident and the defendant left the scene without stopping and exchanging
information. Any hit
and run lawyer in Orange County knows that the far more common version of
hit and run is misdemeanor hit and run, which is distinguished from felony hit
and run by the fact that nobody (other than perhaps the defendant) was injured
in the accident. Misdemeanor hit and run occurs where there is property damage
only. The property that is damaged can be someone else’s vehicle, real property
such as a house or shed, vegetation on real property such as a tree or garden,
or even personal property, such as a wagon on a sidewalk.
hit and run happens when someone other than the defendant was injured in an
accident and the defendant left the scene without stopping and exchanging
information. Any hit
and run lawyer in Orange County knows that the far more common version of
hit and run is misdemeanor hit and run, which is distinguished from felony hit
and run by the fact that nobody (other than perhaps the defendant) was injured
in the accident. Misdemeanor hit and run occurs where there is property damage
only. The property that is damaged can be someone else’s vehicle, real property
such as a house or shed, vegetation on real property such as a tree or garden,
or even personal property, such as a wagon on a sidewalk.
Where a driver causes damage to any property, California
Vehicle Code §20002 imposes on the driver a specific duty to stop and
either give their name and address to the owner of the property (or person in
charge of it) or leave that information in a conspicuous place. (such as under
the windshield wiper of a parked car. If the driver leaves their information in
a conspicuous place, their duty doesn’t end there. They must also, “without
unnecessary delay”, notify the police in the city where the accident happened
or the CHP of the accident. Newport Beach hit and run attorneys know all too well that this
little known second requirement of calling the police can get people in
trouble.
Vehicle Code §20002 imposes on the driver a specific duty to stop and
either give their name and address to the owner of the property (or person in
charge of it) or leave that information in a conspicuous place. (such as under
the windshield wiper of a parked car. If the driver leaves their information in
a conspicuous place, their duty doesn’t end there. They must also, “without
unnecessary delay”, notify the police in the city where the accident happened
or the CHP of the accident. Newport Beach hit and run attorneys know all too well that this
little known second requirement of calling the police can get people in
trouble.
For example, if you are at the beach on a crowded street,
attempting to parallel park, which many people don’t do on a regular basis, and
you accidently strike a parked car, you must leave a note with your name,
address, and brief description of what happened. But, if you have a cell phone,
and who doesn’t, then you must also call the police or CHP “without unnecessary
delay” and report the accident. You might also want to call your criminal
defense attorney while you’re at it. If you are in an accident and the
other driver is there, then you must give your name and residential address to
that driver. Moreover, if the other driver wants to see your vehicle
registration and/or driver’s license, you MUST show these to the other driver.
They, of course, have the reciprocal duty to give their name and address and,
if you request it, they MUST show you their driver’s license and vehicle
registration.
attempting to parallel park, which many people don’t do on a regular basis, and
you accidently strike a parked car, you must leave a note with your name,
address, and brief description of what happened. But, if you have a cell phone,
and who doesn’t, then you must also call the police or CHP “without unnecessary
delay” and report the accident. You might also want to call your criminal
defense attorney while you’re at it. If you are in an accident and the
other driver is there, then you must give your name and residential address to
that driver. Moreover, if the other driver wants to see your vehicle
registration and/or driver’s license, you MUST show these to the other driver.
They, of course, have the reciprocal duty to give their name and address and,
if you request it, they MUST show you their driver’s license and vehicle
registration.
Failure to perform ANY of these duties can lead to your
arrest for misdemeanor hit and run. If, for example, you leave a note on the
parked car you accidently hit with your name and address, but don’t call the
police without delay, you can be charged with hit and run. Also, if you refuse
to show the other driver your driver’s license or registration after they have
requested it, you can be charged with hit and run. But an even more surprising
scenario that we Irvine hit and run lawyers see commonly occurs where the person
who is not at fault in the accident leaves without exchanging information. The
hit and run law applies to all drivers involved in an accident, even if you
were completely NOT at fault in the accident. If you leave the scene of an
accident where YOU were not at fault without exchanging information, you can be
charged with misdemeanor hit and run.
arrest for misdemeanor hit and run. If, for example, you leave a note on the
parked car you accidently hit with your name and address, but don’t call the
police without delay, you can be charged with hit and run. Also, if you refuse
to show the other driver your driver’s license or registration after they have
requested it, you can be charged with hit and run. But an even more surprising
scenario that we Irvine hit and run lawyers see commonly occurs where the person
who is not at fault in the accident leaves without exchanging information. The
hit and run law applies to all drivers involved in an accident, even if you
were completely NOT at fault in the accident. If you leave the scene of an
accident where YOU were not at fault without exchanging information, you can be
charged with misdemeanor hit and run.
In order to convict a driver of misdemeanor hit and run the District Attorney
must prove all of the following:
must prove all of the following:
1) While driving,
the defendant was involved in an accident;
the defendant was involved in an accident;
2) The accident
caused damage to someone else’s property;
caused damage to someone else’s property;
3) The defendant
knew, or should have known, that they were involved in an accident that caused
property damage; and
knew, or should have known, that they were involved in an accident that caused
property damage; and
4) The defendant
failed to:
failed to:
a. Immediately
stop; or
stop; or
b. Locate the owner
or person in charge and give the required information; or
or person in charge and give the required information; or
c. Leave the
required information in a conspicuous place AND notify, without unnecessary
delay, the police or CHP.
required information in a conspicuous place AND notify, without unnecessary
delay, the police or CHP.
There are many defenses that an experienced Huntington Beach hit and run attorney can use to attack these
elements. Misdemeanor hit and run is punishable by up to six months in the Orange County jail and a fine of up to $1,000.00.
elements. Misdemeanor hit and run is punishable by up to six months in the Orange County jail and a fine of up to $1,000.00.
If you are charged with hit and run call The Law Offices of
EJ Stopyro today for a free and confidential consultation. You’ll speak to an
experienced Mission Viejo hit and run lawyer about your options and possible
defenses. You can also visit us at www.ejesquire.com.
We have meeting offices throughout Orange County and our main offices is
located at 32072 Camino Capistrano, 2nd
floor, San Juan Capistrano, CA, 92675.
EJ Stopyro today for a free and confidential consultation. You’ll speak to an
experienced Mission Viejo hit and run lawyer about your options and possible
defenses. You can also visit us at www.ejesquire.com.
We have meeting offices throughout Orange County and our main offices is
located at 32072 Camino Capistrano, 2nd
floor, San Juan Capistrano, CA, 92675.
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