If you have been involved in a hit and run (leaving the scene of an accident) take the situation seriously and speak to a qualified criminal defense attorney immediately. A hit and run conviction can result not only in a criminal record, significant fines, two points on your DMV driving record, and, depending on the degree of damage or injury, county jail or state prison. Don’t risk your freedom; contact the Los Angeles Law Office of Rodriguez, Lewis & Kahn to speak to an experienced criminal defense attorney about your legal options.

Hit And Run Law

Hit and Run in general is defined as leaving the scene of an accident involving damage or injury without giving the proper driver documentation to the other driver or drivers, or failing to stop and render aid in the event of injury.

Property Damage Hit and Run
According to California Vehicle Code Section 20002, if you have been involved in an accident that resulted in property damage only (motor vehicles included) you must stop, locate the owner or person in charge of the property and exchange driver documentation. If you cannot locate the owner, you cannot leave the scene until you have done two specific things:

1. Leave a note easily visible, attached to the damaged property that includes:
   
   
   • The facts explaining what happened
   • Driver’s full name
   • License number and state of issuance
   • Driver’s vehicle identification number (VIN)
   • Insurance carrier's name, address and telephone number
   • Driver’s Policy Number; and


2. Report the accident to the California Highway Patrol (CHP) or local police. It does not matter if the accident was not your fault, these steps still must be taken. However, if you feel that the accident was your fault and you admit fault to the police, driver or any other witnesses, you are incriminating yourself. Anything that you say can and will be used against you. That is why it is critical to have an experienced criminal defense attorney in your corner to navigate the course with you.

Injury or Death Hit & Run
According to California Vehicle Code Section Sections, 20001, 20003 and 20004, if you have been involved in an accident that involves injury or death, you must do everything mentioned above (i.e., leave a note and report the accident) and provide reasonable assistance to the injured party or parties, or transport them to the nearest hospital.

Misdemeanor Or Felony

In California, hit and run charges can be classified as misdemeanors or felonies.

• Hit & Run Misdemeanor -- If you were involved in a minor traffic accident, such as a fender bender or other minimal property damage accident with no physical injuries and you left the scene, you will probably be charged with a misdemeanor.


• Hit & Run Felony -- If you were involved in a hit and run accident that resulted in injury or death, it will be charged as a felony.

In addition to the extent of the damages and injuries, the prosecution will consider your past criminal record in determining how to charge the offense. Whether charged as a misdemeanor or felony, it is important to have an experienced criminal defense attorney at your side to ensure that you get the best possible outcome.

Hit And Run Exceptions

There are basically no exceptions in the California Laws regarding hit and run accidents. Accidents that can lead to hit and run charges range from causing a scratch or dent on an unoccupied vehicle to fatal accidents. Some examples include:

• Hitting a bicycle or pedestrian
• Hitting a parked or unoccupied car
• Running into a fence on someone else’s property
• Being hit by someone when it is not your fault
• Causing an accident and fleeing the scene (even though no damage to your car).

The hit and run laws apply to every auto collision/accident regardless of who is at fault, the amount of damage inflicted and/or the seriousness of the injury or injuries.

Hit And Run Penalties

The penalties for a hit and run depend mostly on how the offense is charged, the extent of the damages and the driver’s criminal driving record. Misdemeanor hit and run charges are more common in Los Angeles. Typical penalties for a misdemeanor hit & run are up to 6 months in county jail, fines and victim restitution (reimbursing the victim for his or her injuries or other damages), and two points on your DMV record. Felony hit & run conviction, depending on the injury, can result in significant county jail time or several years in state prison, significant fines, license suspension and DMV points.

Penalties can get more severe if you have a criminal record or prior hit and run conviction. Other factors that can increase the penalties of your hit and run conviction include:

• Being under the influence of drugs or alcohol
• Driving recklessly
• Driving on a suspended license, with no license or without insurance
• Failing to cooperate with law enforcement
• Failing to show personal responsibility.

Los Angeles Hit And Run Attorneys

Hit and Run is a serious crime, but it doesn’t necessarily mean that you will go to jail. For first time offenders, an experienced criminal defense attorney can often work out an agreement with the victim, judge, and District Attorney, called a “civil compromise.” This will result in a dismissal of the criminal proceedings in exchange for compensating the victim for his or her injuries and/or property damage. There are various other defense options for more complicated situations. Regardless of your circumstances, it is important to get an experienced criminal defense attorney involved as soon as possible.

Rodriguez, Lewis & Kahn have considerable experience in defending individuals in Hit and Run cases and can ensure that you take the proper steps. Our attorneys will know how to deal with the victim, police, prosecutor and your insurance company. Call us at 213-223-2173 for a FREE CONSULTATION.