VC 20001 – Hit & Run
(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 violation of 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.
(b)(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.
(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.
(d) This section shall not apply to an owner, passenger, or other person who was not driving the vehicle.
Overview of the Criminal Charge: Hit and Run Involving Injury or Death under Section 20001
California Vehicle Code Section 20001 defines the crime of “Hit and Run” involving injury or death. This statute makes it a serious criminal offense for a driver involved in an accident that results in injury or death to another person to flee the scene without stopping and fulfilling certain legal obligations.
Elements of the Offense
To secure a conviction under Section 20001, the prosecution must prove the following elements beyond a reasonable doubt:
- Involvement in an Accident: The defendant was the driver of a vehicle that was involved in an accident. The vehicle could be any motor vehicle, including a car, truck, motorcycle, or other type of motorized transportation.
- Resulting Injury or Death: The accident resulted in injury to another person or death. This includes both minor and serious injuries, as well as fatalities.
- Failure to Stop: The defendant did not immediately stop at the scene of the accident. This means the driver did not halt their vehicle to assess the situation or to check on the well-being of the injured party.
- Failure to Fulfill Legal Duties: The defendant failed to fulfill the requirements outlined in Sections 20003 and 20004 of the California Vehicle Code. These duties include:
- Providing identifying information (name, address, driver’s license, and vehicle registration) to the injured party, other involved drivers, or law enforcement.
- Rendering reasonable assistance to the injured person(s), such as calling for medical help.
- Reporting the accident to law enforcement if the accident resulted in serious injury or death.
Penalties for Violating Section 20001
The penalties for a hit-and-run offense under Section 20001 are severe, reflecting the serious nature of fleeing the scene of an accident involving injury or death. The penalties vary depending on the severity of the injuries and other circumstances surrounding the incident.
- Injury (Non-Fatal, Non-Serious Injury)
- Imprisonment: The defendant may face up to one year in county jail or imprisonment in state prison.
- Fines: The defendant may be fined between $1,000 and $10,000.
- Probation: The court may impose probation instead of jail time, with conditions that may include community service, restitution to the victim, and attending traffic school.
- Serious Injury or Death
- Imprisonment: The defendant faces a state prison sentence of two, three, or four years.
- Fines: The fines range between $1,000 and $10,000.
- Probation: The court may impose probation, but the defendant may still face a minimum jail sentence of 90 days unless the court finds compelling reasons to reduce or eliminate this requirement.
- Aggravating Circumstances
- DUI Involvement: If the hit-and-run occurred while the defendant was driving under the influence of alcohol or drugs, additional charges under California Penal Code Section 191.5 (gross vehicular manslaughter while intoxicated) or other DUI statutes may apply.
- Prior Convictions: Defendants with prior hit-and-run convictions or other serious driving offenses may face enhanced penalties, including longer prison sentences.
- Additional Penalties
- License Suspension: The California DMV may suspend or revoke the defendant’s driver’s license upon conviction.
- Restitution: The defendant may be ordered to pay restitution to the victims for medical bills, property damage, lost wages, and other expenses related to the accident.
- Civil Liability: In addition to criminal penalties, the defendant may be sued in civil court by the injured party or the family of the deceased for damages, including pain and suffering.
Defenses to a 20001 Charge
There are several defenses that may be available to a defendant charged with a violation of Section 20001:
- Lack of Knowledge: The defendant was unaware that they were involved in an accident or did not realize that another person was injured or killed. For instance, in a minor collision where the driver did not feel the impact, this defense might be raised.
- No Injury or Death: The accident did not result in injury or death to another person. If the prosecution cannot prove that the other party was injured or killed as a result of the accident, the charge may be reduced or dismissed.
- Mistaken Identity: The defendant was not the driver of the vehicle involved in the accident. This defense might involve presenting evidence that someone else was driving the car at the time.
- Fulfilling Legal Duties: The defendant did stop at the scene and fulfilled their legal obligations under Sections 20003 and 20004, such as providing information and offering assistance.
- Emergency Situations: The defendant fled the scene due to an immediate and serious threat to their safety, such as a medical emergency or fear of an impending attack.
The Importance of Legal Representation
Given the seriousness of a hit-and-run charge under Section 20001, it is crucial for defendants to seek experienced legal counsel. A skilled attorney can help by:
- Investigating the Case: Gathering evidence, such as witness statements, surveillance footage, and expert testimony, to challenge the prosecution’s case.
- Negotiating Plea Deals: In some cases, an attorney may negotiate a plea deal to reduce the charge or minimize the penalties.
- Representing at Trial: If the case goes to trial, an attorney will advocate on the defendant’s behalf, challenging the evidence and presenting defenses.
- Seeking Alternative Sentencing: Where appropriate, an attorney may argue for alternative sentencing options, such as probation, community service, or restitution, to avoid jail time.
Conclusion
California Vehicle Code Section 20001 is designed to penalize drivers who flee the scene of an accident involving injury or death. The law requires drivers to stop, provide identifying information, and render assistance to the injured. Failing to do so can result in severe penalties, including imprisonment, fines, and license suspension. Given the complexity and seriousness of these charges, defendants are strongly encouraged to seek legal representation to protect their rights and achieve the best possible outcome in their case.