California Vehicle Code 20001 VC - Felony Hit and Run
Representation for hit and run offenses by expert Southern
California DUI lawyers and criminal defense attorneys
California Hit and Run Law makes it a crime to leave the scene
of an accident (in which you were involved) without providing
the other party your identification and, in some cases,
providing assistance to the other party. This obligation exists
regardless of whether you were at fault for the accident.
What Makes a California Hit and Run Charge a Felony vs. Misdemeanor?
California Vehicle Code 20001 VC makes the crime of hit and
run a "felony" if the other party was injured or killed. If
the accident caused mere property damage, but no injuries, then
the charge can only be a misdemeanor under Vehicle Code 20002.
For the charge to be a felony under Vehicle Code 20001 VC,
the injuries must be to a third party-usually a driver or passenger
in the other vehicle, or a pedestrian. If the only
person injured was the driver who fled the scene of the accident,
then felony hit and run may not be charged.
If I am in a Traffic Accident Causing Injury or Death to Someone,
What Must I Do?
Under Vehicle Code 20001, California Hit and Run law imposes
several duties on a person involved in a traffic collision causing
injury or death to a third party:
- Stop immediately at the scene where the accident occurs;
- Upon request, show your drivers license or any other alternative
identification to the other parties involved in the accident,
or to any police officers at the scene;
- Provide "reasonable assistance" to any persons who were
injured in the collision; and
- Provide to the other parties to the accident (and to the
police) the following information:
(a) Your name and current residence address;
(b)The registration number of your vehicle; and
(c)If the vehicle does not belong to you, the name and current
resident address of the true owner.
If the accident resulted in someone's death, Vehicle Code 20001
imposes an addition requirement that you must, without unnecessary
delay, notify either the local police department (or the headquarters
of the local CHP
office, if an unincorporated area).
What Does it Mean "To Provide Reasonable Assistance"?
According to California Jury Instruction 2130, which defines
Vehicle Code 20001 "Felony Hit and Run" Law:
To provide "reasonable assistance" means the driver must determine
what assistance, if any, the injured person requires and make
a reasonable effort to see that such assistance is given, either
by the driver or someone else. Reasonable assistance includes
transporting anyone who has been injured for medical treatment,
or arranging the transportation for such treatment, if it is
apparent that treatment is necessary or if an injured person
requests transportation.
The driver is not required to provide assistance that is unnecessary
or that is already being provided by someone else. However,
the requirement that the driver provide assistance is not excused
merely because bystanders are on the scene or could provide
assistance.
What are the Penalties and Punishment for Felony Hit and Run
in California?
If the injuries from the hit and run were relatively slight,
California Vehicle Code 20001 VC imposes penalties that can
range from probation with no jail time, to up to 3 years of
state prison.
If the hit and run accident killed someone or caused serious,
permanent injury, Vehicle Code 20001 penalties range from probation
with a minimum 90 days jail to up to 4 years in state prison.
If the person flees the scene of an accident after committing
what amounts to Vehicular
Manslaughter, Vehicle Code 20001 imposes five years of prison
(in addition to the penalties arising out of the vehicular manslaughter
charge itself).
What Factors Determine the Severity of the Punishment in a
California Felony Hit and Run Case?
A person can be convicted of Vehicle Code 20001 VC Felony Hit
and Run in California only two ways: (a) by pleading guilty
or (b) by being found guilty at trial. If he pleads guilty,
this usually happens through a negotiated plea bargain with
the prosecutor (and the punishment is agreed upon upfront as
part of the deal). If he is convicted at trial, the judge then
determines the punishment afterwards at sentencing.
In either case, the degree of punishment is likely to be influenced
by several factors:
- The extent of the other person's injuries:
- The number of other person injured;
- Whether the defendant was intoxicated, or driving recklessly
when the collision happened;
- Whether the defendant, some time after the accident, came
forward to take responsibility;
- Whether the defendant called 911 or took any measures to
secure aid for the victim(s);
- The defendant's prior driving and criminal record, if any;
and
- Whether the defendant was adequately insured to compensate
the victims for their losses.
What If It Is Not Safe to Stop at the Scene of the Accident?
We've seen a number of cases where, for example, the driver
hits a pedestrian and then an angry mob forms. If the driver
stops immediately and tries to render aid, he will probably
be attacked by angry bystanders. If he flees the scene under
these circumstances, will he be liable for felony hit and run?
Vehicle Code 20001 VC doesn't make a clear exception for this
situation-though perhaps it should. In practice, however, the
issue turns on whether the driver performed some comparable
means of satisfying his duties. For example, he might call 911
and go immediately to the police station to report what happened.
Under these circumstances, the prosecutor will usually not file
hit and run charges.
What Should I do if I Just Hit Someone and Then Fled the Scene?
Contact a good criminal defense attorney immediately. We can
guide you in the proper course of action, and often do things
to help mitigate the situation. But the longer you wait, the
harder it may be for us to help. Our criminal defense and DUI
lawyers stand by 24 hours per day to assist people with exactly
these types of situations.
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