Legal Question in Traffic Law in California

I need some help with a legal issue. My son was involved in a road rage incident where he was admittedly acting reckless and stupid along with another driver. At one point in this pointless encounter, this other driver made a charge at my son's car from the rear and witnesses (2) have stated that my son hit his brakes, slowing for no apparent reason, causing the charging vehicle to lose control and roll several times. His injuries were very minor, thankfully.

My son saw the other vehicle roll in his rear view mirror, but stupidly, left the scene.

No contact was made between the two vehicles.

The police report states that my son cut off the other driver, something my son said didn't happen. The report also seems to disregard all the recklessness done by the other driver. He had slamed on his brakes in front of my son earlier starting the entire encounter.

The CHP want to charge my son with felony hit and run. Since there was no contact, couldn't this be plead down to something less like a "leaving the scene" type of charge?

Also assault with a deadly weapon, his car. Reckless driving. Can't forget that one...

Should we rely on the public defender's office to at least keep my son out of jail? If he loses his license he will lose his job. We're hoping for a restricted license that will at least keep him working. He has grown up a lot over this, and he sees just how fast one's life can turn to shit with just a few stupid decisions.

We have not heard from the DA yet, so no charges have as yet been filed.

Any advice given will be much appreciated!!


Asked on 2/21/10, 7:36 pm

1 Answer from Attorneys
David M. Wallin Law Offices OF David M. Wallin

Your question is under the heading of traffic...Nothing could be farther from the truth. Your son has a very serious criminal issue and you need to seriously consider obtaining a highly qualified criminal defense attorney...NOW.... Your son is facing serious custody time as well as being a convicted felon THE REST OF HIS LIFE....and he could lose his ability to drive for THE REST OF HIS LIFE...The aforementioned being said, do your son a favor and do not put his life in the hands of a public defender who, usually, has 20 or more cases a day. Many private attorneys, like ourselves, have handled hundreds of cases like your son's, and are able to understand the delicate nature of charges like the ones your son is facing. Call us if you would like a free consultation. I wish you the best.....David Wallin

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Answered on 2/26/10, 8:43 pm


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