“Pop quiz, hot shot”

While driving your motor vehicle you crash into something causing property damage. What do you do? What DO you do?!

The answer definitely is not “run”. In California, Veh. Code, § 20002 makes it a misdemeanor if a driver of a vehicle in an accident resulting in damage to property fails to stop and give specified information to the owner of the other vehicle.

The essential elements of a violation of Veh. Code, § 20002, subd. (a), are that the defendant: (1) knew he or she was involved in an accident; (2) knew damage resulted from the accident; and (3) knowingly and willfully left the scene of the accident (4) without giving the required information to the other driver or drivers.

Why have this rule? The regulatory purpose of § 20002, subd. (a), is to provide the owners of property damaged in traffic accidents with the information they need to pursue their civil remedies. By leaving the scene of the accident, the fleeing driver deprives the nonfleeing driver of his or her right to have responsibility for the accident adjudicated in an orderly way according to the rules of law. This commonly entails a real, economic loss, not just an abstract affront.

A conviction can result in:

  • Up to 6 months in county jail

  • A fine of up to $1,000

  • Court fees and penalties

  • Probation

  • Points on your driving record

  • Increased insurance premiums

  • Possible license consequences

Even though no one was injured, the long-term impact can still be significant.

A hit and run causing property damage may seem minor, but under California law, it’s a criminal offense with real consequences. The sooner you understand your rights and options, the better your chances of resolving the case favorably.

If you are facing hit and run allegations, speaking with an experienced criminal defense attorney like Davis W. Hewitt can make all the difference.

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Driving Under the Influence: The “a” Count

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Diversion in Misdemeanor Cases