VC 20002 – Misdemeanor Hit & Run
1. Introduction to Misdemeanor Hit & Run
In California, leaving the scene of an accident without providing proper identification and assistance is considered a “hit and run.” The crime can be charged as either a misdemeanor or a felony, depending on the circumstances. When the hit and run involves only property damage—such as damaging another vehicle, a fence, or other structures—it is generally charged as a misdemeanor under California Vehicle Code (VC) § 20002. Understanding the legal ramifications, defenses, and consequences of a misdemeanor hit and run is crucial, especially for those involved in or accused of such an incident.
2. Understanding VC 20002: The Legal Definition
Under VC § 20002, a driver involved in an accident that results in property damage must stop and fulfill specific obligations. The statute mandates the following:
- Stop Immediately: The driver must stop their vehicle at the nearest location that will not impede traffic or endanger others.
- Provide Information: The driver must provide their name, address, and vehicle registration number to the property owner or person in charge of the damaged property. If requested, the driver must also show their driver’s license.
- Leave a Note: If the owner of the damaged property is not present, the driver must leave a written notice containing their name, address, and an explanation of the accident in a conspicuous place on the damaged property.
- Notify Law Enforcement: The driver must notify law enforcement immediately, especially if the damaged property is public or if the incident involved a parked vehicle.
Failing to comply with these requirements can result in misdemeanor charges under VC § 20002, regardless of whether the damage was intentional or accidental.
3. Penalties for Misdemeanor Hit & Run
A conviction for misdemeanor hit and run under VC § 20002 can result in significant legal penalties, including:
- Fines: A fine of up to $1,000 may be imposed.
- Probation: The court may order the defendant to serve informal probation, typically lasting for up to three years.
- Jail Time: The maximum jail time for a misdemeanor hit and run is six months in a county jail.
- Restitution: The defendant may be required to pay restitution to the property owner for the damages caused by the accident.
- Points on Driving Record: A conviction can result in two points being added to the defendant’s driving record, potentially leading to increased insurance premiums and even a suspended license if too many points accumulate.
The severity of the penalties often depends on the extent of the damage, the defendant’s prior criminal record, and whether there were any aggravating factors.
4. Hit & Run in the Context of DUI
A misdemeanor hit and run can have more severe consequences if it is associated with driving under the influence (DUI) of alcohol or drugs. Although VC § 20002 specifically addresses property damage, a hit and run coupled with a DUI charge can lead to more significant penalties, including:
- Separate Charges: The defendant can face separate charges for DUI under VC § 23152 and hit and run under VC § 20002. Each charge carries its own set of penalties, including fines, jail time, and license suspension.
- Increased Penalties: The fact that the defendant was under the influence at the time of the accident can be considered an aggravating factor, potentially leading to harsher penalties for both the DUI and the hit and run.
- Impact on Professional Licenses: Professionals, such as commercial drivers, healthcare workers, or individuals holding other state-issued licenses, may face disciplinary actions or license suspension as a result of a DUI conviction combined with a hit and run.
5. Common Defenses Against Misdemeanor Hit & Run Charges
There are several defenses that an experienced attorney can raise to fight misdemeanor hit and run charges under VC § 20002:
- Lack of Knowledge: The defendant may argue that they were unaware that an accident occurred or that property was damaged.
- No Damage: If the prosecution cannot prove that property was damaged, the charges may be dismissed.
- Mistaken Identity: The defendant may argue that they were not the driver involved in the accident.
- Emergency Situations: In some cases, the defendant may have fled the scene due to an emergency, such as a threat to their safety, which may be considered a valid defense.
6. The Importance of Legal Representation
Given the potential for significant legal penalties and the complexities involved in a misdemeanor hit and run case, it is crucial to seek legal representation. An experienced attorney can evaluate the evidence, negotiate with the prosecution, and develop a strong defense strategy to minimize or avoid the consequences of a conviction.
7. Conclusion
Misdemeanor hit and run charges under VC § 20002 should be taken seriously, as they can lead to fines, jail time, and long-term consequences, particularly when linked to a DUI. Understanding the legal requirements, penalties, and possible defenses is essential for anyone facing such charges. Consulting with a knowledgeable attorney can provide the best chance for a favorable outcome, whether through negotiation, defense in court, or both.
Citations:
- California Vehicle Code § 20002. Leginfo
- Nolo. “Hit and Run Laws in California.” Nolo Legal Encyclopedia
- Shouse Law Group. “California Hit & Run Law – VC 20002.” Shouse Law Group
- California Courts. “Hit and Run.” California Courts Website