We are in the midst of the holiday weekend. Be safe and smart. Hit and Run is a charge that is associated with a San Diego DUI. VC 20002(a) is the usual charge. It follows the DUI charge of VC 23152(b). Being charged with a hit and run can be a scary process, especially if you are also charged with a DUI at the same time.
What exactly is a hit and run?
When you are in an accident, you are supposed to immediately and safely pull over to a spot that does not impede traffic, locate the other driver, and exchange information with other people involved in the accident. This information includes your name, current address, driver’s license if requested, insurance information, and the name and address of the current registered owner of vehicle if it is not you. This is required even if you are not at fault. If the other party is not around, for example if you hit a parked car, you are supposed to leave a note in a conspicuous place with that same information, including a statement of what happened, and you must contact the police. If you fail to do any one of these things, you may be charged with a hit and run.
When a hit and run is also coupled with a DUI, it makes a case more difficult. That said, these cases may be defensible. Depending on the circumstances of your case, there may be facts in your favor, for example if no one saw you driving, or if the accident caused you to have symptoms, say if you were injured in the accident, usually attributable to driving under the influence like swerving.
With a hit and run charge, coupled with a DUI charge, the prosecution will seek additional consequence. They may ask for an ankle monitor or an ignition interlock device. This device requires you to breath into a machine prior to starting your car to make sure you do not have alcohol in your blood. If alcohol is detected in your breath, you will not be able to start your car. While the prosecution may ask for these types of consequences, it is ultimately up to the judge to decide whether to impose them, and you will have a chance to argue against imposing these conditions.
Additionally, the hit and run charge is its own charge, and will come with its own separate consequences The DUI will also come with terms such as the MADD victim impact panel, which is a one-time class you will have to attend, a license suspension, a fine, terms that you cannot drive with any alcohol in your system, picking up trash, possibly jail time, and the DUI program. This program varies in time but is a program where you go to meetings, usually weekly. That said, all of these terms may vary depending on the facts and circumstances in your case.
It may be uneasy to be charged with a hit and run and a DUI, but these cases can be defensible. It is important to get a San Diego DUI Attorney who knows all of the issues that may arise in your case, and is able to proactively address these issues.
If you or a loved one has been charged with a hit and run and a DUI, be proactive today and call our office at (858)751-4384.
Here is more information about the Hit and Run charge:
You’ve been in a traffic accident in San Diego, and maybe it wasn’t your fault. You may have panicked, or didn’t know where to stop or who to contact, and you left the scene of a collision without exchanging information with the other driver. Maybe you felt like you had to get out of the situation. Heck, you may not have even realized an accident occurred. What do you do now? Call Attorney Mark Deniz.
San Diego Hit and Run Attorney Mark Deniz has represented many clients facing local hit and run charges. He is familiar with the differences of court strategies and approaches for hit and run cases in San Diego. He is familiar with applicable law, effective strategies for hit and run charges, and, in many situations, works on resolving them “civilly,” prior to any criminal charges being filed. Significantly, this “civil” option may only be available for a short time, when the law enforcement agency has not fully completed their case investigation.
Hit and run cases can occur for many different reasons. Don’t make your situation worse by trying to resolve it on your own. Call the Law Offices of Mark Deniz to find out how he can help you start the process of resolving your situation at (858)751-4384, now!
California Vehicle Code sections 20001(a) and 20002, which apply to hit and run incidents in San Diego indicate that, “The driver of any vehicle involved in an accident resulting in injury to any person, or in the death of a person, shall immediately stop the vehicle at the scene of the accident.” If a person violates the law, they are subject to jail time and up to $10,000 in fines. If the hit and run accident results in death or serious injury, the violator is subject to prison time and large fines, and substantial restitution orders. Mark Deniz has handled these matters on an everyday basis.
Depending on the severity of a traffic incident, the accused person’s criminal record, and whether the traffic accident caused a person to be injured – a hit and run charge in San Diego can be filed as either a felony or misdemeanor. Minor hit and run accidents with minimal property damage and no physical injuries are typically charged as misdemeanor hit and run. If a hit and run accident results in bodily injury or death, a case will generally be filed as a hit and run felony.
Felony hit and run cases are typically punished more severely than misdemeanor violations. Jail time and fines vary in hit and run cases, taking into consideration the specific facts of each case.
You should never represent yourself in any misdemeanor or felony hit and run investigation. Your first step is to seek immediate representation from a San Diego hit and run attorney.
If you or someone you love is facing hit and run charges, contact San Diego Hit and Run Attorney Mark Deniz, at (858)751-4384, for a free case evaluation.
20001. (a) The driver of a vehicle involved in an accident resulting in injury to a person, other than himself or herself, or in the death of a person shall immediately stop the vehicle at the scene of the accident and shall fulfill the requirements of Sections 20003 and 20004. (b) (1) Except as provided in paragraph (2), a person who violates subdivision (a) shall be punished by imprisonment in the state prison, or in a county jail for not more than one year, or by a fine of not less than one thousand dollars ($1,000) nor more than ten thousand dollars ($10,000), or by both that imprisonment and fine. (2) If the accident described in subdivision (a) results in death or permanent, serious injury, a person who violates subdivision (a) shall be punished by imprisonment in the state prison for two, three, or four years, or in a county jail for not less than 90 days nor more than one year, or by a fine of not less than one thousand dollars ($1,000) nor more than ten thousand dollars ($10,000), or by both that imprisonment and fine. However, the court, in the interests of justice and for reasons stated in the record, may reduce or eliminate the minimum imprisonment required by this paragraph. (3) In imposing the minimum fine required by this subdivision, the court shall take into consideration the defendant’s ability to pay the fine and, in the interests of justice and for reasons stated in the record, may reduce the amount of that minimum fine to less than the amount otherwise required by this subdivision. (c) A person who flees the scene of the crime after committing a violation of Section 191.5 of, or paragraph (1) of subdivision (c) of Section 192 of the Penal Code, upon conviction of any of those sections, in addition and consecutive to the punishment prescribed, shall
be punished by an additional term of imprisonment of five years in the state prison. This additional term shall not be imposed unless the allegation is charged in the accusatory pleading and admitted by the defendant or found to be true by the trier of fact. The court shall not strike a finding that brings a person within the provisions of this subdivision or an allegation made pursuant to this subdivision. (d) As used in this section, “permanent, serious injury” means the loss or permanent impairment of function of a bodily member or organ. 20002. (a) The driver of any vehicle involved in an accident resulting only in damage to any property, including vehicles, shall immediately stop the vehicle at the nearest location that will not impede traffic or otherwise jeopardize the safety of other motorists. Moving the vehicle in accordance with this subdivision does not affect the question of fault. The driver shall also immediately do either of the following: (1) Locate and notify the owner or person in charge of that property of the name and address of the driver and owner of the vehicle involved and, upon locating the driver of any other vehicle involved or the owner or person in charge of any damaged property, upon being requested, present his or her driver’s license, and vehicle registration, to the other driver, property owner, or person in charge of that property. The information presented shall include the current residence address of the driver and of the registered owner. If the registered owner of an involved vehicle is present at the scene, he or she shall also, upon request, present his or her driver’s license information, if available, or other valid identification to the other involved parties. (2) Leave in a conspicuous place on the vehicle or other property damaged a written notice giving the name and address of the driver and of the owner of the vehicle involved and a statement of the circumstances thereof and shall without unnecessary delay notify the police department of the city wherein the collision occurred or, if the collision occurred in unincorporated territory, the local headquarters of the Department of the California Highway Patrol. (b) Any person who parks a vehicle which, prior to the vehicle again being driven, becomes a runaway vehicle and is involved in an accident resulting in damage to any property, attended or unattended, shall comply with the requirements of this section relating to notification and reporting and shall, upon conviction thereof, be liable to the penalties of this section for failure to comply with the requirements. (c) Any person failing to comply with all the requirements of this section is guilty of a misdemeanor and, upon conviction thereof, shall be punished by imprisonment in the county jail not exceeding six months, or by a fine not exceeding one thousand dollars ($1,000), or by both that imprisonment and fine.
Contact the Law Office of Mark Deniz now for a free case evaluation at (858)751-4384