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The criminal offense of hit and run occurs when a person or persons are involved in a automobile collision and neglect to exchange information regarding identity of the driver and insurance. A hit and run defense lawyer can be very valuable in these cases to properly guide the person to make the right decisions. A Hit and run is very common, particularly when the involved party has been out to a bar drinking or does not possess the necessary insurance coverage or a California drivers license. California Law regards hit and run as a misdemeanor if only property damage is involved, and a felony if bodily injury is caused by the accident.
The law of hit and run in California is set forth as follows:
California Vehicle Code § 20002 :
(a) The driver of any
vehicle involved in an accident resulting only in damage
to any property, including vehicles,
shall immediately stop the vehicle at the
nearest location that will not impede traffic or
otherwise jeopardize the safety
of other motorists. Moving the vehicle in accordance with this
subdivision does
not affect the question of fault. The driver shall also immediately do either
of
the following or be guilty of hit and run:
(1) Locate and notify the owner or
person in charge of that property of the
name and address of the driver and owner of the
vehicle involved and, upon
locating the driver of any other vehicle involved or the owner or
person in
charge of any damaged property, upon being requested, present his or her
driver's license, and vehicle registration, to the other driver, property owner,
or person
in charge of that property. The information presented shall include
the current residence
address of the driver and of the registered owner. If the
registered owner of an involved
vehicle is present at the scene, he or she shall
also, upon request, present his or her
driver's license information, if available,
or other valid identification to the other
involved parties.
(2) Leave in a conspicuous place on the vehicle or other property
damaged a
written notice giving the name and address of the driver and of the owner of
the vehicle involved and a statement of the circumstances thereof and shall
without
unnecessary delay notify the police department of the city wherein the
collision occurred or,
if the collision occurred in unincorporated territory, the
local headquarters of the
Department of the California Highway Patrol in Los
Angeles County.
(b) Any person
who parks a vehicle which, prior to the vehicle again being
driven, becomes a runaway vehicle
and is involved in an accident resulting in
damage to any property, attended or unattended,
shall comply with the
requirements of this section relating to notification and reporting and
shall,
upon conviction thereof, be liable to the penalties of this section for failure to
comply with the requirements.
(c) Any person failing to comply with all the
requirements of this section is
guilty of a misdemeanor hit and run and, upon conviction
thereof, shall be punished by imprisonment in the Los Angeles county jail not exceeding six months,
or by a
fine not exceeding one thousand dollars ($1,000), or by both that
imprisonment
and fine.
A commonly asked question is whether the involved party should report the
car stolen following the hit and run accident. the short answer to this question is it is not
advisable in that the report could result in additional felony charges if the crime is
detected. This reaction seems to be the way to go to many people in that they think they
can cover up the hit and run. The better option is to retain the services of a local criminal defense attorney who can advise the
individual of proper courses of action. Routinely, a detective or police investigator will
call the suspected party in an attempt to extract inculpatory or incriminating admissions.
Here, again the person would be well advised to have a lawyer on retainer to act as an intermediary,
counselor and insulator from law enforcement and the danger of bad knee jerk decisions.
Having the right and accuract legal advice during this very turbulent time is
crucial to a favorable and just outcome of the case. A hit and run lawyer familiar
with the specific issues and important concerns a person has facing life changing choices, can make
all the difference in hit and run cases. Call and speak to a legal professional who can
point you in the right direction, toll free at 1-877-213
