Hit and Run

Being involved in a motor vehicle collision and facing allegations of leaving the scene creates immense stress and legal jeopardy. Leaving an accident scene without exchanging information or providing assistance violates Vehicle Code 20002 for property damage or 20001 for personal injury. 

Hit and run charges carry hefty fines, administrative license suspensions, and jail or state prison terms. You can protect your constitutional rights and build a strong defense, even if you left the scene due to panic or confusion. 

If you are being investigated or charged with hit and run in Los Angeles, CCLG: Los Angeles Criminal Attorney can help you. We respond quickly to safeguard your rights, get involved with law enforcement investigations, and pursue charge dismissals or reductions.

An Overview of California Hit and Run Laws

California VC Sections 20001 and 20002 cover the actions that drivers must take after a motor vehicle collision. The law makes a clear distinction between hit and run charges when the incident involved damaged property, physically injured someone, or killed someone, and imposes different duties, legal standards, and criminal penalties for those involved in traffic crashes.

Misdemeanor Hit and Run Under Vehicle Code 20002

California VC 20002(a) regulates traffic accidents resulting exclusively in property damage. The statute imposes immediate duties on all drivers involved in a motor vehicle accident in which real or personal property is damaged. The duties are the same whether the accident was caused by someone else or not. If you accidentally scrape a bumper in a crowded parking garage or hit a concrete barrier, you commit a misdemeanor crime.

The law requires that:

1. You stop immediately at the scene. Pull over at the nearest point that does not block traffic or affect road safety.
2. If the vehicle is stopped, find the owner or person in charge of the damaged property and show your driver’s license and vehicle registration
3. You affix a written note in a conspicuous location if the property is not in use. For example, a parked car or a roadside mailbox. Your note should include:
   1. Your name
   2. Your home address
   3. The owner’s address
   4. A summary of the accident
4. You immediately call the Los Angeles Police Department (LAPD) or the California Highway Patrol (CHP)
5. You exchanged insurance information, with a fine for an infraction under VC 16025(b).

Property damage isn’t confined to cars. Property includes:

• Fences
• Guardrails
• Traffic signs
• Utility poles
• Landscaping
• Commercial buildings
• Domestic pets 

Felony Hit and Run Under VC 20001

California VC 20001(a) is for collisions resulting in physical injury or death. In California, any time someone is injured in a traffic accident, it becomes a serious criminal case. The rules are for all drivers involved in the crash, whether they were at fault or not. California law requires that the driver of a vehicle must remain at the scene of the accident and complete the required paperwork, even if another motorist ran a red light or a pedestrian jaywalked into oncoming traffic.

A driver involved in an injury crash must carry out key statutory duties:

• Stop the motor vehicle right at the collision scene or as close as it is safe
• Provide the full name, address, vehicle registration number, and driver’s license of the driver to the parties and police in accordance with VC 20003(a)
• Provide reasonable medical care for any injured person, VC 20003(a)
• Immediately report the crash to the nearest law enforcement agency if peace officers are not on the scene pursuant to VC 20004
• Under VC 20003(a), give full identifying details of any injured persons on board your vehicle

Violation of VC 20001(a) is a “wobbler” under the California Penal Code 17(b). District attorneys (DAs) can decide to charge the crime as a misdemeanor or a felony. When deciding whether or not to charge an individual, prosecutors consider multiple factors, such as the extent of victim injuries, the defendant’s criminal record, and alleged intoxication. California VC 20001(b)(2) allows for felony charges with serious state prison sentences if the collision results in permanent serious injury or death.

Prosecutorial Burden of Proof 

The prosecution must meet certain legal requirements to obtain a criminal conviction for a hit and run charge.

Legal Elements for Misdemeanor Hit and Run

The DA must establish particular elements under the Judicial Council of California Criminal Jury Instructions (CALCRIM No. 2150) to prove you committed a misdemeanor hit and run. The prosecution is required by law to prove all the elements beyond a reasonable doubt. If a jury has a reasonable doubt about any one element, you get acquitted.

The elements that the prosecution must prove are:

• You drove a motor vehicle involved in a traffic collision
• The accident resulted in injury or death, or you knew from the circumstances that injury or death was reasonably likely
• You intentionally failed to come to a stop at the scene
• You willfully failed to give the property owner or the police the information
• You willfully failed to render reasonable assistance to injured persons

The meaning of the word “willfully” in the law is to do an act purposely or on purpose. It doesn’t need to be proven that you intended to break the law, injure someone, or gain a personal advantage. It is sufficient proof of willfulness to show that you were aware that you were driving away and you did not try to perform your statutory obligations.

Legal Elements for Felony Hit and Run

Under CALCRIM No. 2140, there are certain elements that prosecutors must prove to convict you of felony hit and run. These include:

• You were driving a motor vehicle that was involved in an accident that caused physical injury to someone else or death
• You were aware you were in an accident that resulted in injury or death, or from the circumstances, it was reasonably likely that injury or death occurred
• You deliberately failed to stop immediately at the scene of the accident in violation
• You intentionally refused to provide reasonable assistance to persons injured
• You did not provide identifying information to involved persons or law enforcement

The first ground of battle in felony prosecutions is knowledge. You don’t actually have to see physical injuries. In cases of high-speed crashes, such as on a highway, or when a pedestrian is hit, the law presumes constructive knowledge. Prosecutors believe that a reasonable person in the same situation would have realized that there was a high likelihood of sustaining a personal injury.

Statutory Penalties and Collateral Consequences

Judicial and administrative penalties for hit and run offenses are severe. In addition to the court sentences, there are long-term ramifications that could affect your:

• Driving license
• Professional license
• Immigration status
• Auto insurance premiums
• Permanent criminal record

Criminal Court Penalties

In California, the penalties for hit and run convictions are based on the magnitude of the damage to the property or the physical damage inflicted. Sentences are determined by the statutory guidelines, criminal history, and aggravation of the case.

There are significant differences between statutory penalties for misdemeanor property damage charges and felony injury charges:

1. Misdemeanor Penalties
   • Misdemeanor VC 20002(a) Conviction:
     • Up to 180 days in Los Angeles County jail
     • Summary court probation up to 3 years
     • Fines up to $1,000 plus penalty assessments
     • Full restitution of property damage to the victim pursuant to California PC 1202.4(f)
   • Misdemeanor VC 20001(b)(1) Conviction (Minor Injury):
     • Up to 1 year in county jail
     • Summary probation
     • $1,000 to $10,000 in fines
     • Full victim restitution
2. Felony Penalties
   • Felony VC 20001(b)(1) Conviction (Standard Injury):
     • State prison term of 16 months, 2 years, or 3 years pursuant to PC 1170(h)
     • Formal probation supervision
     • Fine of $1,000 to $10,000
     • Restitution to the victim
   • Felony VC 20001(b)(2) Conviction (Great Bodily Injury or Death):
     • State prison sentence of 2, 3, or 4 years
     • Possible great bodily injury sentencing enhancements under California PC 12022.7(a). An enhancement adds 3 to 6 years consecutive to the prison sentence
     • Fines

Restitution orders mandate that the defendant pay for all out-of-pocket expenses to the victim, such as

• Costs for:
  • Repairing or replacing their vehicle
  • Replacing property
• Medical expenses
• Lost wages

Administrative DMV Actions and Negligent Operator Points

The Negligent Operator Treatment System (NOTS) is an independent administrative proceeding against your driving record conducted by the California Department of Motor Vehicles (DMV) under VC 12810.

Misdemeanor and felony convictions are assigned 2 negligent operator points. Achieving 4 points in 12 months, 6 points in 24 months, or 8 points within 36 months automatically results in an administrative license suspension as a “negligent operator.” 

California VC 13350 requires a one-year automatic, mandatory driver’s license revocation for felony convictions. The DMV will not allow restricted driving privileges during the revocation period for use in work or school. To restore the license, you must submit an SR-22 certificate of financial responsibility to the California DMV (VC 16430), pay administrative fees, and pass the DMV exams.

Immigration Impact

Under federal immigration law, hit and run offenses are deportable under the federal definition of crimes involving moral turpitude (8 U.S.C. 1227(a)(2)(A)(i)), and felony hit and run convictions for severe bodily injury result in deportable offense classifications. If a person is convicted of a felony, they may be subject to removal proceedings, denial of naturalization, or inadmissibility when they return to the United States.

Professional Licensing Impact

Under Business and Professions Code 490, the state licensing boards in California actively monitor criminal court cases. Professionals are required to undergo mandatory disciplinary review after their hit and run arrests.

Professionals include: 

• Registered nurses
• Physicians
• Attorneys
• Real estate brokers
• Contractors
• Public educators

Convictions for moral turpitude, fitness to practice, and ethical compliance are submitted to professional boards and can lead to a suspended or revoked license.

Common Circumstances and Driver Scenarios

The circumstances of traffic collisions in Los Angeles are complex and varied. Most drivers who flee the scene of an accident are not fleeing to avoid California law or to avoid liability, but are fleeing because of intense fear, environmental conditions, or simply no knowledge of what to do.

Unattended Property Incidents and Parking Lot Collisions

Los Angeles shopping centers, entertainment centers, and apartment complexes have lots of parking that can lead to a lot of misdemeanor hit and run charges. People often get into small accidents with parked cars when trying to park in a narrow space.

Drivers, in many instances, check their own bumpers and see no damage and take off, thinking nothing has happened. If there was any damage to the other vehicle that was not noticed, or damage to the alignment of the vehicle, then the law enforcement officers may start a criminal investigation.

A written note left securely on the windshield is not sufficient to comply with the statutory requirements unless the note includes all the necessary contact information and the driver notifies local police or the California Highway Patrol promptly.

Acute Stress, Fear of Road Rage, and Medical Emergencies

In the event of a car crash, you could experience a sense of panic. Your heart could pound, adrenaline could gush, and it’s difficult to think clearly at the time. When another driver leaves the vehicle, making threatening verbal comments, displaying a weapon, or making hostile gestures, staying at the scene is a real physical threat.

CALCRIM No. 3403 (Necessity Defense) provides that the avoidance of the scene of a crime in order to avoid physical harm to oneself at a nearby police station or at a well-lit public area is not a willful criminal act. Likewise, when a driver or passenger has a serious medical emergency that requires urgent emergency room treatment, leaving the scene to save human life is a good defense.

Suspected DUI Involvement and Fear of Arrest

Many hit and run cases involve suspected driving under the influence of alcohol or drugs. Alcohol-impaired drivers tend to panic after an accident and worry about being arrested or being subjected to field sobriety tests and chemical breath tests.

Sometimes it seems to drivers that they will be safe to drive if they get home and sober up. Once law enforcement officers find the car owner hours later, they file dual criminal charges:

1. Driving Under the Influence (VC 23152(a) / 23152(b))
2. Hit and Run

When a driver leaves the scene of a collision to evade a DUI charge, the criminal penalties are even more severe, and CALCRIM No. 372, which assumes the driver knew he had been involved in a collision, will be used by prosecutors.

Legal Defenses Against California Hit and Run Charges

An arrest and/or investigation of a hit and run charge does not mean you are guilty. A skilled criminal defense attorney can use various legal tactics to attack the evidence presented by the prosecution.

These defense tactics include the following:

Lack of Knowledge of the Collision or Damage

Knowledge is a required statutory component. If you did not know that a collision occurred or that there were any property damages or physical injuries, you do not have the criminal intent needed to be convicted.

This defense is often used in certain road situations, including:

• Driving large motor vehicles, including heavy-duty pickup trucks, commercial vans, or SUVs, where minor contact with small, compact cars produces minimal physical vibration in the vehicle’s cab.
• Adverse weather conditions, heavy rain, fog, or high ambient road traffic noise that drowns out minor impact sounds.
• Low-impact collisions with bumper guards in contact, but not visibly scratching or displacing the structure.
• Loud music or crying children distract the driver from hearing a minor scrape.

Attorneys for the defense use vehicle inspection reports, acoustic analysis, and accident reconstruction evidence to show that a reasonable driver in your situation would not have known that a collision had occurred.

Mistaken Identity and Stolen Vehicle Defense

Many hit and run cases involve witnesses or traffic surveillance cameras capturing license plate numbers, but not being able to identify the driver. The registered vehicle owner is recorded on the California DMV records, but it doesn’t mean that the owner is the driver.

The prosecution is required to prove you were the specific driver of the vehicle at the exact time of the accident pursuant to CALCRIM No. 220 and CALCRIM No. 315. If someone in your family, a co-worker, a friend, or a valet had access to your car, the identity of the driver cannot be proven.

Also, if your car was stolen before the accident, and you obtained a police report or established that you had the car used without your permission, you won’t be held criminally liable for fleeing after the accident.

Unsafe Environment or Necessity Defense

California penal law provides the defense of necessity for someone who commits an act in order to avoid greater harm. It is legally acceptable to leave the scene if your life or physical safety is immediately threatened by staying at the scene.

There are environmental factors that support a necessity defense:

• Bad drivers, threats of road rage, weapons being displayed by other cars, or mobs of aggressive people around your car
• Hazardous roadways include unlit, narrow mountain roads, blind highway curves, and high-speed freeway lanes without emergency shoulders
• An acute medical emergency, such as rushing a passenger in active labour or severe medical trauma to an emergency hospital

The elements of establishing a necessity defense under CALCRIM No. 3403 are that you drove immediately to a safe place, like a nearby police station or medical facility, and reported the collision to the police immediately.

Full Compliance with Statutory Obligations

In some instances, the police officer may have the wrong person charged with hit and run, even though the driver fulfilled their legal responsibilities. You complied with the law by stopping as close to the scene as you could safely do so and either identifying yourself to the involved parties or attaching a visible written note to an unattended vehicle, as required.

If wind, rain, or a third party removed a written note from a damaged vehicle before the property owner returned, your initial action remains lawful. If you can present cell phone call records showing you called local police or CHP immediately after the incident, you establish good faith compliance and cannot be charged.

Civil Compromise and Case Resolutions

VC 20002(a) offers a means of obtaining a complete dismissal of a misdemeanor hit and run charge through restitution to the victim. Criminal defense lawyers use California PC Sections 1377, 1378, and 1385 to settle liability without a court conviction.

Mechanics of Victim Restitution and Pre-Trial Dismissals

Historically, a civil compromise under California PC 13777 allows a trial court judge to dismiss a misdemeanor criminal charge where:

1. The underlying crime creates a civil cause of action for property damage
2. The victim admits to having received full financial compensation for the property damage

People v. Dimacali (2019) 32 Cal.App.5th 822 establishes that a civil compromise pursuant to PC 1377 does not automatically apply to VC 20002, as that offense involves a duty to stop. In Los Angeles County, however, a victim restitution declaration is a common tool used in defense counsel’s arsenal to achieve total charge dismissal under California PC 1385 (dismissal in the furtherance of justice) and pre-trial diversion programs.

There are certain legal requirements for a case to be eligible for a dismissal through restitution:

• The criminal charge, if any, shall be a misdemeanor property damage crime
• There must be damage to property only, no physical harm to anyone
• The driver had not been operating the vehicle with “violent and criminal intent” or “while intoxicated or under the influence of drugs”
• The victim must sign a Victim Satisfaction Statement acknowledging that they have received full restitution for vehicle damage or out-of-pocket expenses

After the property owner signs a formal legal declaration of complete monetary satisfaction, defense counsel submits a motion to dismiss. If the judge grants the motion, the misdemeanor hit and run charge is dismissed and will not result in a criminal conviction, jail sentence, or DMV points.

Find a Criminal Defense Lawyer Near Me

Being charged with hit and run offense in Los Angeles requires a swift, effective legal defense to protect your freedom, driving record, and future. The statutory penalties for a criminal conviction are harsh, such as mandatory jail or state prison sentences, steep court fines, and administrative license revocation. 

Your attorney can move swiftly and take part in pre-filing investigations, preserve surveillance evidence, and directly negotiate with prosecutors before filing charges. 

CCLG: Los Angeles Criminal Attorney has extensive experience in misdemeanor and felony traffic offenses. We understand the laws and are prepared to defend your rights. Call us today at 323-922-3418 to ensure that your constitutional rights are protected and you obtain your immediate legal defense.