Hit And Run Charges – DUI’s
A DUI case involving a hit and run allegation can often make the matter more serious, even leading to additional charges. When charged with hit and run, whether with or without a DUI allegation, one should immediately seek the consultation of a knowledgeable DUI defense attorney.
Hit and Run Defined
Vehicle Code Section 20001(a) and corresponding statutes, require that any driver who is involved in an accident causing injury to death to another must stop, provide pertinent identification information and details, render reasonable assistance. In the event of death, the driver must immediately inform the authorities and provide that same pertinent identification information and details.
Gary D. Labin, a former Deputy District Attorney and managing partner at the Los Angeles law firm of Lieber Williams & Labin discusses the other requirements needed to establish the crime of hit and run: “[t]o be guilty, a prosecutor must prove or be able to prove that the driver must know the accident took place, know that he or she was involved in the accident itself, must have known (or known that it was probable) that another person was injured or killed, and failed to comply with the requirements of Vehicle Code Section 20001(a).”
Hit And Run With No Serious Injury, No Permanent Injury, No Death
Vehicle Code Section 20001(b)(1), which can be charged as a misdemeanor or a felony (making a wobbler) is a violation of Vehicle Code Section 20001(a) in a case where an injury to another occurred, but that injury was not serious or permanent. This charge can involve a DUI in connection with the hit and run but can also be associated with a person not impaired at all.
If probation is granted whether as a misdemeanor or a felony, a hit and run violation with no serious permanent injury has no mandatory minimum of time in custody but does have a maximum of 365 days in county jail. If probation is not granted and the defendant is convicted of a felony, he or she can face up to three years in state prison. Finally, a minimum fine of $1,000 is required upon conviction for this offense, regardless of whether probation is granted.
Hit And Run With Serious Injury, Permanent Injury, Or Death
An alleged violation of Vehicle Code Section 20001(b)(2), similar to Vehicle Code Section 20001(b)(3), whether or not filed in conjunction with a DUI, can be filed as a felony or a misdemeanor. However, some major differences exist between this charge and its slightly less severe counterpart. While the minimum fine remains the same, the mandatory minimum (even with a misdemeanor and probation granted) requires 90 days of custody. The maximum exposure with no probation granted is also enhanced, up to four years in state prison.
A hit and run charge with injury, whether or not with serious injury or death, can sometimes be reduced to a misdemeanor even if initially charged a as a felony. That is why it is critical to seek the assistance of a skilled attorney, adept and representing Clients in hit and run matters as well as in DUI cases.
Hit And Run With No Injury
Vehicle Code Section 20002(a) outlines the statute concerning hit and run allegations resulting in no injuries or deaths but instead involve property damage. Like hit and run allegations involving injuries or death, Vehicle Code Section 20002(a) can involve DUI’s. However, this charge cannot be filed as a felony, it is always a misdemeanor. There is no mandatory minimum custody requirement for a conviction and the maximum sentence and a $1,0000 fine (there is no minimum fine).
To be be guilty of misdemeanor hit and run with property damage only, one must have had been the driver in an accident that involved damages to a vehicle or other property, knew that the accident had occurred and that he or she was involved, knew (or known that it was probable) damage had occurred, and must have failed to stop.