Legal Question in Traffic Law in California

Hit and Run Automobile Accident
My nephew was involved in an automobile accident.
He is being charged with Hit and Run.
He claims that the other driver of the vehicle was speeding and a curve and clipped the back end of his toyota land cruiser. My nephew does not have any insurance, he panicked and drove away from the scene of the accident. They were able to identify his vehicle. He was sited given a court date, on his appearance day of court, he plead not guilty. He has been appointed a public offender. What rights does he have and/or what defense can he plead?

Asked on 1/11/03, 7:01 pm

2 Answers from Attorneys

Robert Miller Robert L. Miller & Associates, A Law Corporation

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Re: Hit and Run Automobile Accident

Thank you for your posting.

As you have learned, your nephew has the right to counsel, and to a trial. You should probably have a long and meaningful discussion with your public defender, since he or she will be in the best position to say what is in the police report, which is what the DA and the court is reading when deciding which charges to file, and what the sentence should be.

To prevail, the prosecution has to prove each element of the crimes charged beyond a reasonable doubt. I can't say what defenses he may have without seeing the police's side of the facts, but he may be able to file a suppression motion based upon a lack of miranda warnings given, if there was a custodial interrogation, or might be able to have evidence against him thrown out if there was invalid probable cause to prove it was him that was involved in the accident. He may also not meet the strict requirements of "hit and run" under the statute, and I've been successful in showing deputy prosecutors how a particular set of facts doesn't match the law, and have had hit and run charges dismissed.

I hope this information helps, but if you need other questions answered, want more details on this answer, or feel you need legal representation, please feel free to email me directly at [email protected]. I�m happy to help in any way that I can, and best of luck.

Answered on 1/13/03, 8:03 pm

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