How to Get Out of a Hit and Run Charge in California

Facing a hit-and-run charge in California can be a daunting experience, with severe legal repercussions that can affect various aspects of your life. However, there are strategic steps and legal defenses that can be employed to potentially get out of a hit-and-run charge or reduce its severity. Understanding the law, your rights, and the best defenses available is crucial for navigating this challenging situation.

Understanding Hit and Run Laws in California

Under California Vehicle Code Sections 20002 and 20001, hit-and-run offenses are categorized based on whether the incident involved only property damage or resulted in injury or death to a person:

1. Misdemeanor Hit and Run (Vehicle Code 20002):

1. • Involves leaving the scene of an accident that results in property damage without providing contact information or offering assistance.
   • Penalties can include fines up to $1,000, up to six months in county jail, and points on your driving record.

2. Felony Hit and Run (Vehicle Code 20001):

1. • Involves leaving the scene of an accident that results in injury or death to another person.
   • Penalties are more severe, including fines up to $10,000, up to four years in state prison, and significant civil liabilities.

Steps to Take Immediately After a Hit-and-Run Incident

1. Stay Calm and Assess the Situation:
   • Take a moment to stay calm and evaluate the situation. If there are injuries, call 911 immediately for medical assistance.
2. Report the Incident:
   • Report the accident to local law enforcement as soon as possible. Providing a timely report can demonstrate your willingness to comply with the law.
3. Document Everything:
   • Gather evidence such as photos of the scene, damage to vehicles, and contact information of any witnesses. This documentation can be crucial for your defense.
4. Contact a Lawyer:
   • Seek legal counsel from an experienced criminal defense attorney who can guide you through the legal process and help build a strong defense strategy.

Common Defenses Against Hit and Run Charges

1. Lack of Knowledge:
   • One of the most common defenses is that you were unaware that an accident occurred. For a hit-and-run conviction, the prosecution must prove that you knew or should have known about the accident and chose to flee the scene.
2. No Damage or Injury:
   • If the accident did not result in any property damage or injury, the charges may not hold. Providing evidence to show minimal or no damage can support this defense.
3. Involuntary Intoxication:
   • In rare cases, if you were unknowingly under the influence of a substance that impaired your ability to make decisions, this could be a defense. However, proving involuntary intoxication is challenging and requires substantial evidence.
4. Duress or Necessity:
   • If you left the scene due to immediate danger or to seek medical help, you might argue that your actions were justified under the circumstances. This defense requires proving that fleeing was necessary to avoid greater harm.
5. Mistaken Identity:
   • If you were not the driver involved in the hit-and-run, providing an alibi or other evidence to prove your whereabouts at the time of the incident can be a strong defense.

Potential Outcomes and Legal Consequences

Successfully defending against a hit-and-run charge can result in various outcomes, including:

• Dismissal of Charges:
  • If your defense is compelling enough, the charges may be dismissed entirely.
• Reduction of Charges:
  • Negotiating with the prosecution could lead to a reduction in charges, such as downgrading a felony to a misdemeanor.
• Alternative Sentencing:
  • In some cases, you might be eligible for alternative sentencing options like probation, community service, or diversion programs instead of jail time.

Contact an Experienced Orange County Criminal Defense Attorney

Being charged with a hit-and-run in California is a serious matter, but with the right legal strategy and support, it is possible to navigate the situation effectively. Understanding the law, gathering evidence, and working with an experienced attorney are crucial steps in building a strong defense. Whether you aim to dismiss the charges or reduce their severity, proactive legal action is essential in protecting your rights and future. If you have been arrested or charged with a crime, contact the Law Offices of John D. Rogers to schedule a consultation with an experienced Orange County criminal defense attorney.