A hit-and-run accident occurs when a driver involved in a collision leaves the scene without stopping to identify themselves, assist injured parties, or exchange information with other involved parties.

Hit-and-run is a crime in California. Under California law, drivers involved in an accident must stop at the scene, exchange information with the other parties involved, and reasonably assist injured individuals if necessary. Failing to do so can result in criminal charges for hit-and-run. How prosecutors handle hit-and-run cases differs depending on the circumstances involved. Various factors, including the extent of injuries, the occurrence of fatalities, the defendant's prior criminal history, and other pertinent elements, can impact the aggressiveness of the prosecution's pursuit of charges. Bakersfield attorneys at California Criminal Lawyer Group explain the crime in detail below.

Hit and Run Under California Law

A hit-and-run is either a misdemeanor or a felony violation. Different sections of the Penal Code address the circumstances under which a crime will result in misdemeanor or felony charges.

  1. Vehicle Code 20002

Vehicle Code 20002 pertains to the offense of a misdemeanor hit-and-run involving property damage. According to this law, if a driver is involved in a crash that causes damage to another person's property, he/she is required to:

  • Stop at the scene.
  • Provide his/her identification and contact information to the owner of the damaged property and,
  • If requested, present his/her driver's license details.

Compliance with these obligations is essential under this code section.

  1. Vehicle Code 20001

Vehicle Code Section 20001 pertains to felony hit-and-runs involving injury or death. This section specifically addresses situations where a driver is involved in a crash that causes physical harm or death to another person and fails to fulfill their legal obligations.

Under this section, drivers involved in accidents resulting in injury or death have a legal duty to:

  • Immediately stop at the scene.
  • Assist the injured parties, and
  • Fulfill additional requirements as outlined in the relevant provisions of the Vehicle Code, specifically Sections 20003 and 20004.

Vehicle Code 20003 states that in the event of an accident resulting in physical harm or death, it is required that the driver involved provide certain information to various parties. This includes sharing:

  • His/her name.
  • His/her current residence address, and
  • The names and current residence addresses of injured occupants within his/her vehicle.

Furthermore, he/she must provide the registration number of the vehicle they were driving, its owner's name, and their current residence address. This information should be shared with the person struck, the driver or occupants of any other involved vehicle, and any traffic or police officer present at the accident scene.

According to VC 20004, if traffic officers are not present at the scene of a fatal accident to receive the required information from Section 20003, the driver must promptly report the accident to:

  • The nearest office of the California Highway Patrol or
  • An authorized police authority.

The report should include the details specified in Section 20003, including the driver's identification and other relevant information.

Elements Prosecutors Must Prove

A jury will only find you guilty of a hit-and-run if the prosecution makes its case. To establish your guilt in a hit-and-run case, prosecutors must prove the following elements:

  • You were operating a vehicle when the accident occurred.
  • The accident resulted in damage to another person's property.
  • You either knew or should have known that the accident resulted in property damage.
  • You consciously decided not to stop at the accident scene or neglected to provide the damaged property’s owner with the required identifying information. This includes your name, insurance details, and current address.

Note: Irrespective of fault, you are legally obligated to stop at the crash scene. This obligation remains in effect regardless of whether the accident happens on private property, like driving through someone's fence. Leave a written note containing your contact information if the damaged property’s owner is absent.

Furthermore, it is crucial to understand that property damage, as defined by the statute, encompasses harm or injury caused to a dog or another pet. Therefore, if an accident injures a pet, it is considered property damage and falls within the jurisdiction of the hit-and-run offense.

What If I Was Involved in a Car Accident and The Only Damage Was to My Car?

Leaving the accident scene without injuries or damage to another vehicle is not considered a crime in California. However, it is recommended to err on the side of caution by taking photos of the other car to demonstrate the absence of damage.

If you are uncertain about the occurrence of property damage, it is best to stop and exchange information with the other driver. It is advisable to stop and exchange information with the other driver. In the case of an unattended parked car, leave a visible note to provide your contact information. Remember that car accident damage may not be immediately visible, for example, broken light bulbs, leaks, scratches, misaligned tires, or computer diagnostic system delays. Even if everyone involved appears fine, they may have sustained soft-tissue injuries that may take time to manifest. Therefore, you must be vigilant and considerate.

Regardless of the extent of the accident, most insurance companies require policyholders to report all incidents, even minor ones. Failing to do so could result in the insurer denying any future claims arising from the accident.

Defenses You Can Raise in a Hit-and-Run Case

Several defenses can be raised in a hit-and-run case depending on the circumstances. The availability and effectiveness of these defense strategies depend on the case's specific details. Here are some common defenses that can be raised:

     a) There Was No Property Damage

In a hit-and-run case with no property damage, you can raise the defense that no property damage was involved in the incident. Since no damage occurred, the legal obligations under the hit-and-run laws did not apply in this situation. You can challenge the prosecution's claim and assert this defense by presenting evidence, including photographs or witness testimony, that supports the absence of property damage.

You can increase the success of this defense by taking the following steps:

  • Gather evidence — Collect any available evidence demonstrating the absence of property damage. This includes photographs of both vehicles involved, statements from witnesses who observed the incident and can confirm no damage occurred, or any other relevant documentation that supports your claim.
  • Obtain expert opinions — If necessary, consult with mechanics or collision reconstruction specialists who can examine the vehicles and provide professional opinions regarding the absence of property damage.
  • Document communication efforts — If you made reasonable attempts to locate the other vehicle's or property’s owner and inform them about the incident, ensure you have documentation of your efforts. This can include records of phone calls, messages left, or any other communication attempts.

     b) Lack of Knowledge of a Crash

Minor car accidents can sometimes go unnoticed by one or both drivers, particularly in cases where the collision is minor or if the drivers are distracted. Factors like high radio volume can contribute to a driver's lack of awareness regarding minor scrapes or crashes.

The effectiveness of the "ignorance" defense depends on the type of vehicle involved. Older or less expensive cars lack advanced sensors or warning systems that could alert drivers to nearby vehicles or potential collisions.

However, modern high-end cars often have sophisticated sensors that emit loud beeps or provide visual warnings when other vehicles come too close. In these cases, the "ignorance" defense could be weakened if you drove a car with advanced safety features that should have alerted you to the collision.

You can use several approaches to assert your lack of knowledge claim. Some include the following:

  • Provide a plausible explanation — Explain why you did not realize there was a collision, like attesting to having the radio on high volume or being distracted by other factors. A credible explanation can strengthen your defense and show that your lack of knowledge was reasonable.
  • Document the condition of your vehicle — If there is minimal or no visible damage to your car, take photographs or videos to document its pre-accident condition. This can help demonstrate that the collision was minor and could support your claim of not realizing the accident occurred.

     c) You Were Misidentified as the Hit and Run Driver

Arguing that you were misidentified asserts that someone else was responsible for the accident and left the scene, leading to your mistaken identification as the perpetrator. This defense strategy focuses on casting doubt on the accuracy or reliability of the identification made by witnesses or victims. It aims to challenge the prosecution's ability to prove beyond a reasonable doubt that you were the driver who fled the scene.

Your attorney will argue that the identification made by witnesses or victims was mistaken or unreliable, pointing out inconsistencies in their statements. Further, he/she will present evidence that supports an alternative explanation. Your attorney will also question the credibility or bias of the witnesses.

In a hit-and-run case, misidentification can occur for several reasons. Here are a few possible factors:

  • Limited visibility — In some cases, the accident could happen in poor lighting conditions or a crowded area, making it challenging for witnesses or victims to identify the driver who fled the scene accurately. This limited visibility can lead to misidentifications or mistaken observations.
  • Confusion and stress — Accidents can be chaotic and stressful. Witnesses or victims could experience heightened emotions or confusion in the aftermath. This can affect their ability to recall details or identify the responsible driver accurately.
  • Similar vehicles — If multiple cars of the same make, model, or color are present at the scene, it can create confusion and make it difficult for witnesses to pinpoint the exact vehicle involved in the hit-and-run. This increases the chances of misidentification.
  • Bias or unreliable witnesses — Sometimes, witnesses have biases or their observations are unreliable. Distance, angle, or brief glimpses of the fleeing vehicle can contribute to inaccurate identification.

Further, the police investigation into a hit-and-run incident could uncover the vehicle involved, but it does not always ascertain the driver's identity. Testimonies, surveillance footage, and forensic analysis can connect the car to the incident, but they could fail to determine who was driving conclusively.

Prosecutors are responsible for presenting compelling evidence that establishes the identity of the accountable driver beyond a reasonable doubt. If there is inadequate evidence to identify you as the driver definitively, it can weaken the case against you and create obstacles for the prosecution in pursuing charges.

Maintaining a consistent and credible account of your actions and whereabouts at the time of the accident can also strengthen your misidentification defense. Providing alibis, witnesses, or any other evidence corroborating your claim of being elsewhere during the incident is beneficial.

     d) You Did Not Willfully Leave the Crash Scene

Your attorney can argue that your departure from the accident scene was not a deliberate act but a response to circumstances beyond your control.

One possible argument is that you were completely unaware that an accident had occurred and that your departure was motivated by an emergency or urgent situation that demanded your immediate attention. In this scenario, you can assert that you left the scene to address the pressing matter, intending to return and fulfill your legal obligations once the emergency was resolved. For example, a medical emergency unrelated to the crash.

Another defense strategy is claiming that you temporarily left the scene to seek assistance or ensure your safety. This could be due to factors like a dangerous environment, personal injury, or needing help from nearby individuals or authorities. By presenting this argument, you aim to establish that your departure was a temporary and necessary measure to fulfill your responsibilities and ensure the overall well-being of those involved.

You must gather strong supporting evidence to increase the likelihood of success in this defense. Here are some strategies to consider:

  • Seek witnesses who can provide testimonies affirming that your departure was unintentional. Their statements can help establish that you had no intent to leave the scene.
  • Obtain any available surveillance footage or dash cam recordings that capture the moments after the accident. This evidence can demonstrate that you did not willfully flee and will show your actions in seeking assistance or ensuring your safety.
  • Gather relevant evidence to support your claim if an emergency or urgent circumstance compelled you to leave temporarily. This could include medical records, photographs, or other documentation that verifies the crisis and justifies your brief absence from the scene.
  • Presenting character witnesses who can vouch for your responsible behavior and credibility. Their testimonies can help counter the prosecution's argument that your departure was deliberate, portraying it as an atypical action on your part.

By employing these strategies and presenting compelling evidence, you can enhance the strength of your defense and cast doubt on the prosecution's claim that you willfully left the scene.

Penalties You Will Face Upon Conviction

The penalties for a hit-and-run offense can be severe, with potential charges as either a misdemeanor or a felony depending on the circumstances and the extent of injuries involved.

A misdemeanor violation of VC 20002(a) applies in cases with no injury. You could face:

  • Imprisonment in a county jail for up to six months.
  • A fine of up to $1,000.
  • Misdemeanor or summary probation instead of jail time.

If you fail to exchange insurance information as required by VC 16025.7, you could be subject to infraction penalties amounting to $250 in fines.

For a misdemeanor offense under VC 20001, you could face the following sentences:

  • A jail sentence for up to one year.
  • A fine ranging from $1,000 and $10,000.

Note: Civil compromises are no longer accepted in misdemeanor hit-and-run cases, as ruled by recent decisions in California courts.

For a felony violation of VC 20001, you could face the following penalties:

  • A prison sentence for 2, 3, or 4 years.
  • A fine ranging from $1,000 to $10,000.

Offenses Related to Hit and Run

     a) Excessive Speeding

Vehicle Code Section 23109(c) pertains to the offense of "exhibition of speed." This statute prohibits engaging in an exhibition of speed on a highway or in an off-street parking facility. Exhibition of speed generally refers to intentionally accelerating or driving at a high rate of speed to impress or entertain others rather than for legitimate transportation purposes.

In a VC 23109(c) violation case, the prosecution must prove the following elements:

  • Your active involvement in an exhibition of speed on a highway.
  • The exhibition of speed created a hazardous situation that endangered the safety of others.
  • Your participation in the exhibition of speed was intentional and willful.

Violating Vehicle Code 23109(c) is considered a misdemeanor offense. The penalties for the exhibition of speed can include:

  • Up to 90 days in county jail.
  • $250 to $1,000 in fines.
  • Two points added to the driver's record with the California Department of Motor Vehicles (DMV).
  • Potential suspension or restriction of driving privileges.
  • Mandatory attendance in traffic school or other educational programs.
  • Possible impoundment of the vehicle involved.

     b) Driving Under the Influence of Alcohol

Vehicle Code Section 23152(a) specifically addresses the prohibition of driving under the influence of alcohol, commonly referred to as DUI of Alcohol. This offense pertains to operating a motor vehicle while impaired due to consuming alcoholic beverages.

The statute establishes a threshold of 0.08% or higher blood alcohol concentration (BAC) as the legal limit for driving. However, even if your BAC is below this prescribed limit, you can still face DUI charges if your capability to operate a vehicle safely is compromised due to the consumption of alcohol. The focus is not solely on the BAC measurement but also on the impairment caused by alcohol consumption.

The prosecution bears the burden of proving the following elements beyond a reasonable doubt:

  • You were in control of a vehicle and actively driving it while under the influence of alcohol.
  • Your mental or physical capabilities were sufficiently impaired by alcohol.

They must show that your impairment reached a level where you could not exercise the same caution and care as a sober person would in similar circumstances.

The penalties for driving under the influence of alcohol vary depending on the specific circumstances and any prior DUI convictions. The following are general penalties that can be imposed:

First Offense:

  • Up to 6 months in jail.
  • Fines ranging from $390 to $1,000.
  • Suspension of driver's license for six months.
  • Completion of a DUI education program.
  • Possible installation of an ignition interlock device (IID) in your vehicle.

Second Offense (within ten years of a prior DUI conviction):

  • Up to 1 year in county jail.
  • Fines ranging from $390 to $1,000.
  • Suspension of driver's license for two years.
  • Completion of an 18-month DUI education program.
  • Mandatory installation of an ignition interlock device (IID) in your vehicle.

Third or subsequent offense (within ten years of prior DUI convictions):

  • Up to 1 year in jail or 16 months to 3 years in state prison.
  • Fines ranging from $390 to $1,000.
  • Suspension of driver's license for three years.
  • Completion of an 18-month DUI education program.
  • Mandatory installation of an ignition interlock device (IID) in your vehicle.

Find a Criminal Defense Attorney Near Me

If you face hit-and-run charges in Bakersfield, seek the assistance of a reputable legal team. The consequences of a hit-and-run conviction can be severe, ranging from hefty fines and potential jail time to a long-lasting impact on your driving record and insurance rates. With so much at stake, it is essential to have skilled and experienced attorneys by your side to navigate the complexities of your case and protect your rights.

By choosing the California Criminal Lawyer Group, you can access a team of dedicated professionals who specialize in handling hit-and-run cases. Our extensive knowledge of California laws, particularly those related to hit-and-run offenses, enables us to provide you with the best possible defense strategies tailored to your situation. We understand the gravity of your charges and are committed to vigorously advocating for your rights throughout the legal process.

Contact us today at 661-750-8230 to set up a free case evaluation.