Legal Question in Criminal Law in California

Hit and Run

I was backing out of my parking stall, and supposedly I hit a parked car. I did not know I had hit it, and pulled away, thinking that nothing had happened.

Later on that night, the police came to my house, telling me I had been charged with a hit and run, and that a witness saw it happen. I have a court date for a VC 20002. I had no idea I hit the car, and was only made aware of the damage to my car, when the police officer showed the broken tail-light to me.

I need to know if I need an attorney, and what course of action I shoul persue. Also, I am going to college soon, and want to know, is jail time a reality for me?

thank you.


Asked on 8/25/01, 3:57 pm

3 Answers from Attorneys

Neil Newson Neil C. Newson & Associates

Re: Hit and Run

You have been charged with a misdemeanor and will need an attorney. An element of the charge is actual knowledge. This may be hard to prove if there is no damage to your car. I suggest that you immediately take pictures of your car. You may qualify for free legal services through the public defenders office and you should also put your insurance company on notice. Be careful what you say to the police. Lastly, there is a little known vehicle code section that is an infraction, a lesser offense than a misdemeanor, that covers the same thing. A plea bargain would lead to a small fine and restitution, i.e. payment for the damage. It wouldn't appear on any criminal record and probably won't show on your driving record either.

Good Luck

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Answered on 9/04/01, 11:01 am
Victor Hobbs Victor E. Hobbs

Re: Hit and Run

If the D. A., after reading all the facts in the police report, decides to go forward with the matter, that's why we have trials. Make sure the matter is turned over to your insurance company to take care of. That'll help a lot to resolve the problem. If there wasn't any broken stuff on the garage floor you may not have hit the car, or hit it hard enough to break the glass. These are matters that need to be checked into.

There is a procedure called a Civil Compromise that permits you to have the victim's car fixed, and the matter dropped.

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Answered on 9/04/01, 11:26 am
Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: Hit and Run

I am sorry to hear about the accident. I would recommend you get an attorney, especially if you want to protect this from affecting your future.

You also asked if jail time is a reality for you, and truly, that depends on many other factors, such as your prior record, and how much damage was done to the other car, and what the personalities of the D.A. and the Judge are like in your case.

I doubt you would be facing jail time, but the maximum in your case does include jail time, and I have seen even first time offenders be offered jail time.

If you are interested in more information or in a consultation, or even having me represent you, please call me at 1-877-568-2977 or email me. Thanks!

Robert

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Answered on 9/04/01, 4:19 am


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