HIT AND RUN LAWYER IN VISTA
When you have been arrested for fleeing the scene of a car crash, hit and run defense attorney Peter M. Liss can help you. He graduated from the top-ranked University of California, Berkeley Law School, and he has successfully defended many people just like you who have been charged with criminal traffic offenses, including hit-and-run accidents.
About Hit and Run Accidents in San Diego
Hit and Run Laws Don’t Just Cover People or Vehicles
While some people think you can only be charged with hit and run if you leave after hitting a car or a person, it’s important to note that this law also covers non-vehicle property, such as a mailbox or someone’s pet. Under 20002 (VC), even if the accident only involved property damage, any time you are involved in an accident and leave without giving your name, contact information, insurance information, and driver’s license number.
You Can Leave to Seek Medical Attention
20001 and 20002 (VC) allow you to legally leave the location of an accident to seek emergency medical assistance for you, your passenger, or someone else injured in the accident. In these cases, you must tell hospital officials or the police about the incident so they can identify anyone else involved and give them your contact and insurance information.
If you are charged with a hit and run even though you went to get emergency care and provided the police or hospital staff with information about the accident, your defense lawyer can use this information to have the charges dropped.
What is the Penalty for a Hit and Run in California?
The charges filed in a hit and run accident will vary based on the specific circumstances of the incident, including whether someone was injured or only property damage occurred, if anyone suffered great bodily injury, and if the defendant has any prior convictions on their record. If a person injured in a hit and run accident has died, the defendant can even face vehicular manslaughter or homicide charges. The prosecution may file animal abuse charges when an animal dies after a hit and run crash.
Accidents that Result in Injuries
If a person was injured even slightly, the driver who left the scene of the accident may be charged under 20001 (VC), which may be filed as a misdemeanor or a felony at the prosecutor’s discretion. In California, penalties for hit and run cases involving injury or death include jail or prison time, a driver’s license suspension, and substantial fines, even if you were not responsible for the accident. The state may also be able to permanently seize your vehicle.
Misdemeanor Penalties
If someone was injured as a result of a hit and run accident and the charge is filed as a misdemenaor, under 20001 (VC), the driver may face up to one year in jail and $10,000 in fines.
Felony Penalties
Felony hit and run charges may be filed if you fled from the scene of an accident after someone was even sligthtly injured. The maximum penalty for a felony hit and run in California is up to 4 years in prison and up to $10,000 in fines.
Penalties for Property Damage: 20002 (VC)
Suppose you leave the scene of an accident that only results in property damage. In that case, you will face misdemeanor hit and run charges under California Vehicle Code 20002 (VC), where the maximum penalty will be $1,000 and 6 months of jail time. Regardless of the type of damage, the law allows the state to seize your vehicle in some cases.
What are Possible Defenses to Hit and Run?
In many hit and run cases, an attorney may be able to have the charges reduced or secure an alternative sentence, such as community service, to help you avoid incarceration. When no injury occurs, a hit and run charge can even be dropped if the other party agrees, which they often do when you agree to a civil settlement to cover the damages. Anyone charged with hit and run in San Diego must contact a criminal defense lawyer as soon as possible to find out how you can best work to beat the charges given the specific circumstances of your case.
You Were Unaware an Accident Took Place
If you legitimately didn’t notice that you were in an accident, you still owe the other party financial compensation for the damage to their vehicle, but you are not guilty of leaving the scene. While you may still be headed to court in a civil trial, you shouldn’t face any criminal consequences for violating 20002 (VC). If you happen to have dashcam footage of the incident, this could help provide evidence for this defense.
This defense does not work if you should have been aware that an accident occurred but you didn’t notice because you were driving recklessly or under the influence of drugs or alcohol. It is only excusable to claim you didn’t notice the accident if a reasonable person in the same circumstances may have reached the same conclusion.
No Damage Occurred
20002 (VC) is only a crime if you damage someone else’s property. If no damages occurred, or if your vehicle was the only thing to suffer damages, the charges should be dropped, even if you left the scene without sharing your information.
No One Was Injured
While not a full defense to the charges, if no one was injured but property damage occurred, you should only face charges related to 20002 (VC). If you were accused of 20001 (VC), this defense could result in the charges being reduced.
It Was Not Safe to Stop
As stated above, you can seek emergency care after you were involved in a car accident. Along the same lines, if the location of the accident made it unsafe for you to pull over and exchange information, you have the right to drive to a safe place to do so. Similarly, if the other driver is so angry they look like they want to fight you, it is legal to protect yourself from harm by driving away.
In all of these cases though, you must contact the police as soon as possible to notify them of the accident so they can provide the other driver with your information so they can process a claim with their insurance company. If you have reason to believe the driver presents a serious threat to you even after they have calmed down after the immediate aftermath of the accident, your criminal defense lawyer may be able to help you secure a restraining order to protect yourself.
You Were Not the Driver
If you were not driving the vehicle involved in the hit and run, you cannot be guilty of this crime. People are frequently accused of these charges because they or their vehicle match the description of the person or car involved in the incident. A good alibi or proof that you were not involved in the accident should help you avoid a conviction.
Hit and Run Defense
Top San Diego Attorney
If you have been accused of this serious charge, Peter Liss can help you. He has over 40 years of experience handling misdemeanor and felony criminal traffic cases just like yours and have successfully tried hundreds of cases.
With You Every Step of the Way
Throughout your case, Mr. Liss will advise you about the status of your case, argue for reduced bail, make necessary court motions (such as suppressing evidence), seek the reduction of charges, and fight for alternative sentencing or the lowest possible sentencing available.
Defending You in Court and Out
As your attorney, Mr. Liss can even take you to the police or sheriff’s station and aid you during questioning if they ask you to take your vehicle in and describe what happened. By doing this, he can protect you from saying something that may be used against you in court. He will then go on to represent you at your trial or in a plea bargain, and in most misdemeanor cases, you will not need to appear in court.
I’m available, let’s talkHow Mr. Liss Can Help
Defend You Against the Charges
He will help you evaluate all possible legal defenses to this crime, including that you were not the one driving, were seeking medical attention, or did not realize that you were involved in an accident. Alternatively, if the arresting officer made a mistake, this could provide grounds for evidence to be suppressed or for the charges to be reduced or dropped. After working with you to establish the most robust defense for your specific case, he will help investigate your case and gather evidence on your behalf to support it.
Service You Can Rely On
When you work with Peter Liss on your hit and run case, you can be sure that Peter Liss is the only attorney working on your case. You can always expect an immediate, courteous response after contacting him any time of day, thanks to his live, 24-hour answering service.
Call My Offices Today
If you or a loved one has been charged with a hit and run accident, please call the Office of Peter Liss in Vista (across the street from the North County San Diego courthouse and jail) or San Diego (located off the I-5 in Carmel Valley) to schedule a free initial consultation. he offers reasonable rates and accept all major credit cards.
How to Contact Attorney Peter M. Liss
For skilled IMMEDIATE help with a hit and run defense in Vista or San Diego, call:
Call 24/7, any time, any day. I can help you.
