CALIFORNIA HIT AND RUN LAWS
The California Vehicle Code makes it a crime to leave the scene of an accident, where there was some property damage or injury without stopping to identify yourself to the other party or parties involved in the accident.  If there is no injury, VC 20002 makes hit and run a misdemeanor offense.  If there is an injury, hit and run causing injury is a wobbler, meaning that it can be filed as a misdemeanor or felony, pursuant to VC 20001.  Note that hit and run is against the law regardless of who was at fault in the accident, and how severe the damage or injury is.  Even a minor scratch is enough for criminal charges and a hit and run conviction.  California's Hit & Run laws carry a broad range of serious consequences and it is best to have an experienced attorney in your corner from early on in the process.

CONSEQUENCES OF A HIT AND RUN CONVICTION
Misdemeanor hit and run is punishable by up to 6 months in county jail.  In reality, jail sentences for hit and run are not likely to exceed 60 days in LA County Jail.  The fines for a misdemeanor hit and run conviction in LA are typically as high as $1500, and also add two points to your driver's license.  In addition, upon a conviction for hit and run, the court will likely order restitution to the alleged victim, which entails paying for any damage and other expenses incurred as a result of the hit and run accident.  In felony hit and run cases (VC 20001), is punishable by up to three years in prison, more if the injury is serious or if someone is killed.

DEFENSES TO HIT AND RUN
There are many defenses to hit and run.  Keep in mind that the burden of proof is on the government to prove who was driving when an accident took place.  Often, police will have a witness who observed a vehicle, or will find and abandoned vehicle, but this does not necessarily mean that the registered owner of the vehicle was driving in the accident.  Police will typically need a statement by the driver, or a witness to be able to identify the driver in order to make an arrest or get charges filed.  Additionally, someone suspected of hit and run can argue that there was no accident, there was no damage/injury to another party, that they did not realize there was an accident/damage/injury, that they did not flee, that they reasonably feared for their safety and numerous other defenses.  Hit and run cases are best defended by getting an attorney involved early in the process.  By representing the registered owner of a vehicle, a Los Angeles Criminal Defense Attorney can often get a hit and run case resolved without criminal charges even being filed.  Furthermore, your attorney can attempt to work out what is known as a civil compromise.  If the alleged victim in a hit and run case has been fully satisfied for their injuries (through your insurance, repairs or payment), they can sign a declaration asking for the criminal case to be dismissed.  Hit and Run is one of the most common types of cases settled through civil compromise.  Penal Code Section 1377 PC allows for a dismissal of a misdemeanor hit and run if a civil remedy is available to someone who has been injured as the result of misdemeanor conduct.

THE HIT & RUN INVESTIGATION STAGE
Hit and run incidents usually involve some investigation before an arrest is made or charges are filed.  By the very nature of the crime, there tends to be uncertainty about whether the driver actually fled/tried to flee, and about who was actually driving.  While investigators will typically begin their investigation by questioning the registered owner of a vehicle (assuming they find evidence of which vehicle was involved), it is often difficult to determine who was driving the vehicle.  In many cases, witnesses or cameras will catch the car and license plate number, but it is uncommon for witnesses to have gotten a clear look at a driver.  In cases where the driver flees on foot or was seen by witnesses, the investigating officer may show the witness what is known as a six-pack photo lineup.  If the witness can pick out the registered owner or other suspected driver from the line-up, there may be enough for an arrest.  Without a positive ID of the driver, the police will need either a confession by the driver or an accusation by the registered owner.  The Fifth Amendment protects our rights against self-incrimination.  While the police may make it seem that you have no choice but to answer their questions, this is not true.  Having an attorney on your side early in the process is the best way to protect your self or the driver (often a family member, roommate or frient) during a hit and run investigation.

RECOVERING AN IMPOUNDED VEHICLE
If your vehicle has been impounded after an accident, a registered owner can go to pick up the car from police impound.  If the investigation is ongoing, the car may be kept for a short time as evidence.  Recovering an impounded vehicle is one of the more common ways that registered owners either make a statement incriminating themselves or revealing the true driver of the vehicle.  This is why it is so important to have an attorney handle correspondence with the law enforcement agency.  The registered owner is under no obligation to disclose such information, and without and admission or accusation, there may not be enough evidence to charge anyone with a crime.  Many are quick to point the finger at others, and even themselves, in order to get their vehicle back, but this can be achieved without anyone having to go to jail.  The detectives who handle hit and run investigations can be tricky and have experience in getting people to talk.  This is why you need someone experienced in defending hit and run and other crimes to help you handle this process.

CRIMINAL HIT AND RUN CHARGES IN COURT
If there is enough evidence to file a case in criminal court, you still may have a strong enough defense to avoid a conviction.  Even if you were accused, identified by a witness or even confessed, it is possible to avoid a conviction for Hit & Run.  Asserting the defenses listed above, or working out a civil compromise with the alleged victim in your case can lead to a dismissal or better outcome in your LA County court case.  A Hit & Run conviction can lead to jail time, probation, high fines and negative consequences on your driver's license.

AREAS WE SERVE IN LOS ANGELES HIT AND RUN CASES
Studio City, Hollywood/Hollywood Hills, Los Feliz, Silverlake, Laurel Canyon, Sherman Oaks, Toluca Lake, Van Nuys, Burbank, Glendale, North Hollywood and the rest of the San Fernando Valley (Encino, Tarzana, Valley Glen, Reseda, Northridge, Canoga Park, San Fernando, Valley Village, Woodland Hills, Mission Hills, North Hills, Winnetka, Chatsworth, Pacoima).  Also serving:  Beverly Hills, West Hollywood, West LA, Westwood, Santa Monica, Malibu, Venice, South LA/South-Central, Long Beach, Echo Park, Downtown (DTLA), Pasadena, East LA, Koreatown, Westlake, Artesia, Bellflower, Lakewood, Compton, Downey, Culver City, Inglewood, the South Bay (Redondo Beach, Manhattan Beach, Torrance, El Segundo, Palos Verdes, San Pedro, Hermosa Beach, Hawthorne, Gardena), the San Gabriel Valley (San Gabriel, Alhambra, Rosemead, Monterey Park, El Monte, Montebello, Arcadia, West Covina), Whittier, San Dimas, Diamond Bar, Pomona, Lancaster, Palmdale, Santa Clarita and more locations throughout Los Angeles and Southern California.

If you or a loved one is under investigation for hit and run or has been arrested or charged with a hit and run offense, contact the Law Offices of Nicholas Loncar now for a Free Consultation.  213-375-3775.