A split-second panic can turn a minor traffic mishap into a major felony. Leaving the scene of an accident without fulfilling legal duties may result in criminal penalties, including license suspension, exorbitant fines, and prison terms. Hit-and-run allegations are actively prosecuted, and there is no better time than now to resolve the issue.
If you have been accused of a hit-and-run offense, it is time to mount a strong legal defense to safeguard your freedom and rights. Call Leah Legal Criminal Defense Attorney for a free consultation today to secure the experienced representation your future depends on.
Your Strict Duties Under California Law (CVC 20002 & 20001)
Legally, you are subject to strict liability as soon as the car accident occurs. When you fall short of these standards, it can quickly become a criminal charge. No matter what caused the accident, or whether it took place on a public road or private parking lot, the California Vehicle Code (CVC) requires four key responsibilities.
Stop Immediately
Whether the collision involves an occupied car, a parked vehicle, or stationary property, you should stop immediately. CVC 20002 mandates that drivers come to a halt at the nearest safe place where you will not block traffic or pose a danger to motorists. You cannot leave the scene to find a better location. You should stop immediately.
Exchange Identifying Information
The law requires you to exchange information with other parties or law enforcement personnel present at the scene. You must provide:
- Your full name and present address
- Registration number of the vehicle
- The name and address of the owner of the vehicle (if it is not yours)
- Your driver’s license and insurance information when requested
Comply with Unattended Property Rules
If you accidentally hit a parked car or property, without the owner’s presence, it is not okay to leave. There are two things you need to do:
- Leave a written note and report the incident to law enforcement — Securely attach a written notice in a conspicuous (highly visible) place on the damaged vehicle or property. The note should include your name, address, the owner of the vehicle, and a short description of what happened in the accident.
- Notify authorities — Local police department or California Highway Patrol (CHP) must be notified without undue delay. A note alone is not the full extent of your legal duties under CVC 20002.
Render Aid to the Injured Parties
Vehicle Code section 20001 applies when an accident results in injury or death. Not only must you stop and exchange information, but you are also required by law to offer “reasonable assistance” to anyone injured. You should arrange or provide transport to a doctor or hospital if it is obvious that treatment is necessary, or if the injured person requests it. The usual first step to meet this obligation is to call 911.
Failure to comply with these duties may result in misdemeanor charges under Vehicle Code section 20002. When an injury or death is involved, failure to stop and fulfill duties is a wobbler offense. You could face misdemeanor or felony charges.
Misdemeanor Hit and Run (CVC 20002): Property Damage Only
Some vehicle accident victims simply do not think a hit and run occurs unless someone has been physically injured. But under California law, it is not true. This is a serious crime to leave the scene of an accident where only property damage occurs.
The Vehicle Code section 20002 governs accidents involving property damage only. This law does not just apply to hitting an occupied vehicle. If you hit and cause damage to any of the following, you can be charged with a misdemeanor hit and run:
- An unattended or parked car, for example, scraping a car in a parking lot
- A mailbox, utility pole, or traffic sign
- A fence, retaining wall, or private landscaping
- An animal (where applicable under property damage laws)
Fault is not a defense to the duty to stop and provide information. If the other person cuts you off, or that accident could not have happened at all, your obligation to stop and provide your identification remains absolute.
To secure a conviction under CVC 20002, a prosecutor must prove beyond a reasonable doubt that you had knowledge of the accident. California Criminal Jury Instructions (CALCRIM 2150) require that the state prove beyond a reasonable doubt that:
- You knew or should have known that you were involved in an accident in which you caused property damage
- You reasonably should have known, based on the nature of the accident, that property damage was likely
This is an important legal defense element. For example, if you were driving a big truck or SUV and scraped a small compact car, you might believe that you did not feel or hear the impact. Therefore, you lacked the criminal knowledge stipulated by the statute.
A misdemeanor property damage hit-and-run conviction carries a permanent criminal record. The highest penalties set by law include the following:
- Sentence of up to six (6) months in a county jail
- Up to a $1,000 base fine, with court assessments and state fees adding up to a much higher amount
- Two points added to your DMV record, which could significantly increase insurance costs and may lead to a suspension as a negligent operator
- Informal (summary) probation of up to 3 years
- Full out-of-pocket financial reimbursement to the property owner for all damages resulting from the accident
In addition to court-ordered penalties, the California Department of Motor Vehicles may revoke your driving privileges following the hit-and-run conviction. It is important to have a defense strategy immediately if you have been convicted of a misdemeanor hit-and-run offense.
Felony Hit and Run (CVC 20001) With Injury or Death
If you are involved in a motor vehicle collision causing bodily harm or death, then you are no longer just involved in a traffic accident but in a serious criminal incident. California takes these laws very seriously to ensure victims receive immediate emergency medical attention.
California Vehicle Code (CVC) 20001 requires that, upon being involved in an accident where another person is injured or killed, you must stop immediately and comply with the statutes. This law applies to everyone who is injured and protects:
- Pedestrians and cyclists
- Other vehicles’ drivers or passengers
- Passengers riding inside your own vehicle
Under California law, a violation of CVC 20001 is a wobbler. A violation of CVC 20001 is commonly known as a felony hit-and-run, but it is technically a wobbler. That means that prosecutors can choose to bring charges against you for either a misdemeanor or a felony.
The district attorney considers certain factors when deciding on your charge, such as:
- The nature of the victim’s injuries
- Your prior criminal history
- The presence of drugs or alcohol
Minor injuries like a strained neck or small cut or laceration can be filed as a misdemeanor, while serious injuries or death are almost always filed as a felony.
One common misconception is that someone cannot be held liable for a hit-and-run if it was not their fault. The law does not require fault to be an issue in determining whether you are criminally liable for leaving the scene.
You must stop and assist someone if they cross the street in front of you at night, even if they were jaywalking, or if someone else’s car runs a red light and hits you. The prosecution does not have to prove that you caused the collision, only that an accident occurred, that you knew (or should have known) someone had been hurt, and you willfully failed to stop. The whole other crime is fleeing the scene.
Being convicted of a felony under CVC 20001 has life-changing consequences and results in a permanent felony record. Statutory penalties are based on the level of the harm:
For standard injury cases:
- A maximum prison sentence of 1 year in county jail or 3 years in state prison
- A fine of $1,000 to $10,000
When a collision results in the loss of life, or in a permanent serious injury (like loss or damage of a body part or organ), your penalty will be:
- 2, 3, or 4 years in state prison
- Fines of up to $10,000
Furthermore, the California DMV will issue 2 points on your driving record and begin a mandatory revocation of your driving privileges.
CALCRIM jury instructions provide that a defendant may not be liable if physically unable to fulfill statutory duties. Therefore, you are not legally expected to comply until you are reasonably able to do so.
Using Civil Compromise to Resolve California Criminal Cases Outside of Court
Being charged with a misdemeanor offense can be daunting, especially when going through the criminal justice system. However, there is a strong legal tool to address some low-level offenses without resorting to the punitive system. This is referred to as a civil compromise.
California Penal Codes 1377 and 1378 allow an individual who has been charged with a misdemeanor offense to have their criminal case dismissed entirely if the underlying action also established a civil claim (financial or property claim) against the victim and the victim is fully compensated for the loss.
The basic idea behind this law is restorative justice. The victim’s financial restitution takes precedence over the accused’s punishment.
It is a process that should be negotiated carefully and follow a strict process, namely:
- Restitution negotiation — Your lawyer or defense attorney serves as a liaison with the victim to secure compensation for damages or lost funds.
- Restitution is paid in full — Victim Satisfaction Statement (VSS) is a statement issued to the victim to be submitted in person or via a formal written statement before the court. The victims need to formally declare in court that they have been duly compensated for their injuries or monetary losses and that they do not wish to prosecute you.
In a PC 1378 civil compromise, the judge has the final say. When reviewing your case, the judge has the legal authority to approve or deny the dismissal. If the court believes the victim has been fully paid and that dismissing the case serves the interest of justice, the judge can throw out the criminal charges, even if the prosecutor objects.
There are several great benefits to securing a civil compromise, namely:
- Clean criminal record — A successful dismissal will prevent a permanent criminal record, saving you from losing your job and/or professional license.
- No DMV points are assigned — The criminal charge is dismissed, and no points are reported to the California DMV, so your driving record remains clean, and you avoid the prospect of higher insurance rates.
An experienced criminal defense attorney is required to negotiate a civil compromise. Penal Code 153 makes it an offense (compounding a crime by improper inducement or concealment is prohibited) to require a victim to keep something hidden or refuse to provide information to law enforcement in exchange for a civil settlement. Your attorney needs to communicate lawfully to ensure the agreement is prepared appropriately for the court.
How Hit-and-Run Charges Can Trigger License Suspension or Revocation
Navigating criminal court is your primary legal front, but you will also face a second challenge on the legal battlefield with the California Department of Motor Vehicles.
The DMV operates independently from the criminal courts but imposes administrative penalties. A hit-and-run arrest can also result in administrative penalties that can cause you to lose your driving privileges, even if your defense attorney secures a good outcome in court.
The DMV uses the Negligent Operator Treatment System (NOTS) to monitor traffic violations and detect high-risk drivers. Criminal driving convictions are given high point values under California Vehicle Code (CVC) 12810.
A California driving record will have 2 points added for a misdemeanor property damage conviction (CVC 20002) and a felony injury conviction (CVC 20001). To put this in perspective, if you receive 4 points in any 12-month period, you are presumed to be a prima facie negligent operator. Just one hit-and-run ticket earns 2 points on your driving record at one time, which means that any minor moving violation, like speeding or running a red light, will send you right to the edge of license suspension.
There is a significant administrative impact when you are convicted of a felony hit-and-run (CVC 20001). The DMV is required to impose an automatic revocation of your driver’s license for 1 year. The DMV must immediately and automatically revoke your driver’s license for 1 year.
A revocation terminates driving privileges, unlike a regular traffic suspension. During this 1 year, you cannot request a restricted license to drive to work, school, or medical appointments. After the revocation period is over, you must reapply for a new California driver’s license, pass a thorough background check, and pass every DMV exam again.
The financial consequences of a hit-and-run on your driving record often dwarf the initial court fine. An auto insurance carrier will immediately recategorize you as an extreme high-risk driver, since leaving the scene of an accident is considered a major criminal charge. This status generally results in the following:
- You will likely have your car insurance policy dropped or denied after your insurance provider learns of your conviction for a hit-and-run
- If you are fortunate enough to find a non-standard carrier that will cover you, your premiums could go up by 100% to 300% for years, running into thousands of dollars more a year
- The DMV will ask you to maintain an SR-22 certificate of financial responsibility to reinstate your driver’s license after a suspension or revocation. It is a document submitted by the insurance company directly to the government, affirming that you meet the minimum liability limits and that you are deemed high-risk and will likely pay higher premiums.
Upon receiving a DMV notice of action about a license action, you will have a strict deadline, usually 10 to 14 days from the date you are sent the notice, to make a formal request for an administrative hearing with the DMV. Attending this hearing with the support of a criminal defense attorney provides you with a valuable opportunity to challenge the evidence and the negligent operator designation and to defend your physical license.
Legal Defenses to Hit-and-Run Charges
Being charged with hit-and-run (CVC 20001 or CVC 20002) can be extremely frightening. However, an arrest is not a conviction. Prosecutors have to establish all of the elements of the crime beyond a reasonable doubt, as per CALCRIM jury instructions. There are several legal defenses that your criminal defense lawyer can use to dispute the state’s case against you. They include the following:
You Did Not Know a Collision Happened or That Any Damage Occurred
To find you guilty, the prosecutor has to establish that you knew, or should have known, that an injury or damage had happened. Without any knowledge of the impact, you are not criminally liable for leaving the accident scene.
You may not notice a slight bump from a small car when you are behind the wheel of a large commercial truck, towing a trailer, or in a heavy SUV. Similarly, if you had your windows rolled up, your air conditioning on, and the music loud, you may have assumed you hit a pothole or ran over something.
If you genuinely did not realize a collision or third-party damage occurred, your failure to stop was not willful.
Only Your vehicle or Property Was Damaged
Hit-and-run laws are designed to ensure accountability after collisions and to provide financial compensation to victims and treatment for the injured. If the incident did not impact another person’s body or property, leaving is completely legal.
For example, if on a rainy night, you lose control and crash your car right into your own garage wall, or right into your own tree, or right into a curb, and you do not do any damage other than to your own car’s bumper. Neighbors may witness the accident and call the police, but you are under no legal duty to stop, leave a note for yourself, or report the crash to the police. With no damage to third parties or bodies, there is no crime.
You Left to Protect Your Safety or Save a Life
The law acknowledges that there are situations where there is an emergency or immediate threat to your personal safety that makes it justifiable to leave the scene of an accident without exchanging information.
If the other driver comes out of his/her car holding a weapon, acting aggressively, or threatening you, you are in immediate danger when you stop at an accident. If you have been threatened or if you are fleeing to escape violent retaliation or a hostile crowd, you have a defense. However, you must drive straight to a safe place, for example, a police station, where you can report the incident as soon as you can.
If you are in a hurry to take a passenger with a life-threatening medical emergency, like a woman in active, complicated labor or someone having a heart attack, to the nearest emergency room, your urgent departure may be justified by law because of necessity.
You Mistakenly Identified as the Driver
In hit-and-run cases, law enforcement generally conducts searches for the registered owner of the vehicle using the license plate number captured by witnesses, traffic cameras, or a dash camera. However, establishing ownership of a car is not the same as establishing who was behind the wheel.
When your car is regularly shared by a family member, roommate, or friend, or if it was stolen before the crash, you are not responsible for the driver’s criminal behavior. Your attorney can argue mistaken identity if no one can identify you as the driver, and you do not incriminate yourself when talking to investigators. The courts will not be able to find you guilty just because the car that you registered your name to was involved in an accident.
Find a Criminal Defense Attorney Near Me
A hit-and-run charge can ruin your life, with serious consequences like jail time, bad publicity, and license revocation. Prosecutors take these driving crimes seriously, and waiting to see the investigation through only makes it worse.
Never approach the police or DMV separately. You deserve a strategic defense, which will protect your rights, your career, and your freedom. Call Leah Legal Criminal Defense Attorney today at 213-444-7818 for a confidential consultation. Let an experienced Los Angeles criminal defense attorney take charge, handle the state’s evidence, and battle for the best possible outcome for your future.
