A hit-and-run charge often rides alongside a DUI, and the most common version, for an accident that damaged only property, is Vehicle Code 20002, misdemeanor hit-and-run. I am Joel Brand, and here is what the law requires and how it factors into a DUI case.
The text of the law
Vehicle Code 20002(a). The driver of any vehicle involved in an accident resulting only in damage to any property, including vehicles, shall immediately stop the vehicle at the nearest location that will not impede traffic or otherwise jeopardize the safety of other motorists. ... The driver shall also immediately do either of the following: (1) Locate and notify the owner or person in charge of that property of the name and address of the driver and owner of the vehicle involved ... [and] present his or her driver's license, and vehicle registration ... (2) Leave in a conspicuous place on the vehicle or other property damaged a written notice giving the name and address of the driver and of the owner of the vehicle involved ... and ... notify the police department ... or ... the California Highway Patrol.
What the statute requires
Section 20002 is about a duty, not about fault for the accident itself. After a collision that damaged property, you must stop and either identify yourself to the owner or, if no one is there, leave a written notice and report it to the police. Failing to do that is the crime. It is a misdemeanor, and importantly it applies regardless of who caused the accident. The felony version, for accidents involving injury or death, is the separate Vehicle Code 20001.
Why it pairs with a DUI
Hit-and-run and DUI go together often, because an impaired driver may not realize a collision occurred, may panic and leave, or may strike a parked car or fixed object and keep going. When both are charged, the prosecution gets a more damaging narrative, and the hit-and-run can be used to suggest consciousness of guilt. Part of my job is keeping the two charges from reinforcing each other unfairly, because leaving a scene is not proof of impairment, and impairment is what the DUI actually requires.
The knowledge element
A key defense is knowledge. To be guilty of hit-and-run, you generally must have known, or reasonably should have known, that you were involved in an accident that caused property damage. Minor contact you genuinely did not feel or notice, a scrape you were unaware of, or damage that was not apparent can all undercut the charge. This element is frequently contestable, especially in low-speed or parking-lot contacts where the driver had no real awareness anything happened.
Common defenses
- No knowledge of the accident or the damage. If you did not know you hit anything, the duty to stop was never triggered.
- You did stop and exchange or leave information, satisfying the statute.
- No actual property damage, or the "accident" did not occur as alleged.
- Identity, where it is not clear you were the driver who left.
How it gets resolved
Because 20002 is a misdemeanor and is often about a duty rather than dangerous driving, it frequently becomes part of an overall resolution. Civil compromise is sometimes available where the property owner is made whole, and related charges can be bundled in a global settlement. A clean resolution of the DUI, such as a reduction to a wet reckless, can carry the lesser hit-and-run count with it. See also DUI involving a collision.
The line between misdemeanor and felony hit-and-run
It is worth being clear about which statute you are facing. Section 20002 is the misdemeanor version, and it applies only where the accident caused property damage and nothing more. The moment an accident involves injury or death to another person, the applicable statute becomes Vehicle Code 20001, felony hit-and-run, which carries dramatically higher exposure including state prison. When a DUI involves a collision, one of the first things I determine is exactly which statute the facts support, because mischarging an injury case as a property-damage case, or the reverse, changes everything about the strategy.
Civil compromise as a path to dismissal
One feature unique to property-damage cases is the possibility of a civil compromise. Where the only harm was damage to property and the owner is satisfied, California law allows certain misdemeanors to be civilly compromised and dismissed once the victim has been made whole. That does not happen automatically, and it does not erase the DUI, but in the right case it can resolve the hit-and-run count cleanly. Pursuing that option, where it fits, is part of getting the best overall outcome on a combined DUI and hit-and-run case.
How I defend it
I focus on the knowledge element, whether the duty to stop was actually triggered, whether you in fact complied, and whether the stop and the DUI investigation were lawful. I also work to keep the hit-and-run from being used as a stand-in for consciousness of guilt on the DUI. See my top DUI defenses and the overview of how hit-and-run complicates a DUI.
Why people leave, and why it is not proof of a DUI
Prosecutors like to argue that leaving the scene shows the driver knew they were drunk and fled to avoid testing. That inference is not as strong as it sounds. People leave accident scenes for many reasons that have nothing to do with alcohol: panic, shock, not realizing contact occurred, fear, or simply poor judgment in a stressful moment. Treating departure as automatic proof of impairment skips over the actual evidence of impairment, which the prosecution still has to prove independently. I make sure a jury, or a prosecutor at the negotiating table, sees that the hit-and-run and the DUI are separate questions that each require their own proof, rather than letting one stand in for the other.
Charged with hit-and-run and a DUI? Let's talk.
The knowledge element and how the two charges interact are exactly what I review. Use the free case analysis on this page, or call me directly at (888) 271-6644. I answer my own phone, 24/7.
Related traffic-stop charges: following too closely (VC 21703), failure to yield (VC 21801), stop sign violations (VC 22450).