What are the Consequences of a Hit and Run in California?
A hit and run charge in California is more than a simple traffic ticket; it is a serious criminal offense that can jeopardize your freedom and your future. Whether you panicked after a fender bender or were unaware that a collision occurred, the legal fallout can be devastating. At Rubin Law, P.C., we understand the stress of these allegations and provide the aggressive, strategic defense needed to protect your rights.
Understanding Hit and Run Under the California Vehicle Code
In California, “hit and run” is defined by the driver’s failure to stop and provide information after an accident. The law focuses on the act of leaving, not who caused the crash.
VC 20002: Misdemeanor Hit and Run (Property Damage)
This charge applies when an accident results only in property damage. This includes hitting another car, a fence, a mailbox, or even a pet. Under Vehicle Code 20002, you are legally required to stop and exchange information with the property owner.
VC 20001: Felony Hit and Run (Injury or Death)
If an accident results in injury or death to another person—including passengers in your own car—leaving the scene is a felony under Vehicle Code 20001. This is treated as a violent crime by prosecutors and carries significantly harsher penalties.
The Three Legal “Elements” the Prosecution Must Prove
To convict you, the District Attorney must prove three things:
- You were involved in an accident while driving.
- You knew (or should have known) that property damage or injury occurred.
- You willfully failed to stop and perform your legal duties.
The Immediate Criminal Penalties
The consequences of a conviction depend heavily on the severity of the accident and your prior criminal record.
Jail Time vs. State Prison: How California Judges Decide
A misdemeanor hit and run can lead to up to six months in county jail. However, a felony conviction can result in up to four years in California State Prison. Judges look at “aggravating factors,” such as whether you were speeding or if you have a history of reckless driving.
Heavy Fines and Victim Restitution
Fines for a hit and run range from $1,000 to $10,000. Additionally, the court will often order “restitution.” This is a payment made directly to the victim to cover their out-of-pocket expenses, such as car repairs or medical bills.
The Impact of “Aggravating Factors”
Prosecutors often seek “enhancements” if specific conditions were met. For example, if the accident caused “permanent, serious injury,” the mandatory minimum prison time increases. At Rubin Law, P.C., we work to strike these enhancements to keep our clients out of prison.
Administrative & Professional Fallout (The “Hidden” Consequences)
Beyond the courtroom, a hit and run triggers a chain reaction of administrative problems that can last for years.
Mandatory DMV License Suspension
The DMV operates independently of the criminal courts. If you are convicted, the DMV will likely suspend your driver’s license. A hit and run also adds two “points” to your driving record, moving you closer to a “negligent operator” status.
Impact on Professional Licensing
For professionals like nurses, doctors, or lawyers, a criminal conviction is a threat to their livelihood. Most licensing boards require you to report any misdemeanor or felony conviction. A hit and run is considered a “crime of moral turpitude” by some boards, which can lead to the suspension or revocation of your professional license.
Long-Term Insurance Consequences
Once an insurance company sees a hit and run on your record, they view you as a high-risk driver. Your premiums may triple, or your policy may be canceled entirely. Finding affordable coverage after a hit and run conviction is notoriously difficult.
Strategic Defense: How Rubin Law, P.C. Fights Your Case
We don’t just process cases; we fight them. Our approach is built on identifying weaknesses in the prosecution’s evidence.
Challenging the “Knowledge” Requirement
If you hit a piece of debris or had the music playing loudly, you might not have known a collision occurred. If you didn’t know there was an accident, you cannot be guilty of “willfully” leaving.
Constitutional Violations: Search and Seizure
Police often find “hit and run” vehicles parked in driveways and seize them for evidence. However, if they do this without a warrant or a valid exception to the Fourth Amendment, that evidence may be suppressed. Daniel Rubin specializes in challenging illegal searches to get evidence thrown out.
Leveraging Civil Compromise (PC 1377/1378)
In many misdemeanor cases, we can negotiate a “Civil Compromise.” If the victim is fully compensated for their losses and agrees to the compromise, a judge has the power to dismiss the criminal charges entirely. This is one of the most effective ways to keep your record clean.
Diversion Programs: Avoiding a Criminal Record
Not every case needs to end in a conviction. California offers several “diversion” paths that allow you to complete a program in exchange for a dismissal.
Mental Health Diversion (PC 1001.36)
If the incident was related to a mental health condition—such as PTSD or a panic disorder—you may be eligible for Mental Health Diversion. This focuses on treatment rather than punishment. After successful completion, the charges are dismissed.
Military Diversion
Veterans and active-duty service members facing hit and run charges may qualify for Military Diversion. This program recognizes the unique challenges faced by those who served and provides a path to keep a clean record while receiving necessary support.
The Rubin Law Advantage: Why Early Intervention Matters
What you do in the 48 hours following an accident can change the trajectory of your life.
Pre-Filing Intervention
Our firm is highly experienced in “Pre-Filing Intervention.” This involves contacting the detectives and prosecutors before they officially file charges. By presenting our side of the story early, we are often able to prevent the case from ever going to court.
Why You Should Never Speak to the Police Without Counsel
Detectives are trained to get you to admit to “knowledge” of the accident. Even an innocent comment can be twisted into a confession. When you hire Rubin Law, P.C., we handle all communication with law enforcement so you don’t accidentally incriminate yourself.
People Also Ask (FAQ)
Does a hit and run show up on a background check? Yes. Because it is a criminal offense (misdemeanor or felony), it will appear on standard criminal background checks used by employers and landlords.
What if I hit a parked car and no one was there? You are still required by law to leave a note with your name, address, and an explanation of what happened in a conspicuous place on the vehicle. You must also notify the local police department or the CHP without delay.
Can I be charged if I wasn’t the driver? You can only be convicted if the prosecution proves you were behind the wheel. We often defend cases where the car was involved in an accident, but the owner was not the one driving.
How long does the state have to file charges? For a misdemeanor hit and run, the statute of limitations is generally one year. For a felony, it is typically three years.
What happens if the other driver was at fault? Fault for the accident is irrelevant to a hit and run charge. Even if the other person caused the crash, you still have a legal obligation to stop and exchange information.
Can a hit and run be expunged? In many cases, yes. Once you successfully complete your probation, Rubin Law, P.C. can petition the court to expunge the conviction, which can help significantly with future employment.
Contact Rubin Law, P.C. Today
If you are being investigated for a hit and run in Los Angeles or Southern California, the clock is ticking. Do not wait for the police to come to your door. Rubin Law, P.C. provides the aggressive, trial-ready defense you need to protect your license, your career, and your freedom.
The post What are the Consequences of a Hit and Run in California? appeared first on Rubin Law, PC.
from Rubin Law, PC https://rubinlawpc.com/california-hit-and-run-consequences-penalties-legal-defense/?utm_source=rss&utm_medium=rss&utm_campaign=california-hit-and-run-consequences-penalties-legal-defense
via Rubin Law, P.C.
Comments
Post a Comment