What Evidence Does A Prosecutor Need To Charge You With Hit and Run? [20002 VC]        

With so many cars on the freeways, streets, and roads every day, eventually there will be a moment where two or more vehicles try to occupy the same space at the same time. When these accidents happen, it is customary for both parties to stop, pull over and exchange insurance information. However, sometimes, one party decides to flee the scene because they are either scared, they do not have a valid license or insurance, or they just don’t want to deal with the situation. If you do make the unfortunate decision to leave the scene of an accident you may be charged with a misdemeanor by violating California Vehicle Code Section 20002.

What does a Prosecutor Need to Convict You of Hit and Run?

If you are charged with this violation, the prosecutor must prove the following elements beyond a reasonable doubt:

1.   while driving, you were involved in an accident;
2.   the accident caused damage to someone else’s property;
3.   that you knew or should have known, that you were in an accident;
4.   and that you left the scene of the accident.

Under California AB 184, the statute of limitations for a hit and run is now 6 years. This means that after leaving the scene of an accident, the prosecutor can file charges against you at any time during the next 6 years.

How an Experienced Criminal Defense Attorney Can Help You or a  Loved One

If the facts support any of these legal defenses, our law firm may be able to show that that you were either:

A) not the driver

B) that you did not know or could have known you were in an accident, or

C) that there was no damage to the other person’s property.

Our law firm is currently representing a client who was “brake checked” on the freeway. The client had to swerve into the next lane to avoid rear-ending the vehicle in front of him and he allegedly grazed the rear bumper of that person’s vehicle. Our clients' defense, in that case, is that due to the fear and excitement of a potentially dangerous collision, he had no idea that he grazed the other vehicle’s bumper. This case is still pending but we are confident our client will either receive a dismissal before trial or be victorious at trial.

So, remember, if you are in an accident, do not make your problems worse by leaving the scene. But, if you are charged with a hit and run, make sure you call Wallin & Klarich. We have over 40 years of criminal defense experience and a team of lawyers that will do everything they can to get a positive resolution in your case.

Contact the Attorneys at Wallin & Klarich to Learn More

If you are charged with a misdemeanor hit and run, your freedom may depend on choosing an experienced attorney. Wallin & Klarich has been successfully defending people accused of vehicular crimes for over 40 years. Contact us today for a free, no-obligation consultation, and let us help you, too.

With offices in Orange County, Riverside, San Bernardino, Victorville, West Covina, Torrance, Los Angeles, and San Diego, you can find an experienced Wallin & Klarich criminal defense attorney available near you no matter where you are located.

Contact our offices today at (877) 4-NO-JAIL or (714) 587-4279 for a free, no-obligation phone consultation. We will be there when you call.