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Can a Hit-and-Run be Defended?

Leaving the scene of an accident is considered a hit-and-run violation and can lead to serious consequences. Not only could you face violations for the accident, you may be charged with a misdemeanor or felony hit and run charge. There are legal defenses to fight this charge and it can be defended in the right circumstances.

Penalties of a Hit-and-Run Charge

The California Vehicle Code 20002 stipulates that if you are involved in an accident that damages any property, including vehicles, you must do one of the following:

· Locate the owner of the property and notify them of the accident and give them your information.

· Leave a note in a conspicuous place on the vehicle or property with your name, address and other information, then notify the police of the accident.

If you cause damage to another person’s property and do not notify them, you can be subject to up to $1,000 fine and six months in jail on a misdemeanor hit and run charge. When a person is injured, this can be a felony hit-and-run charge under CVC 20001 and can be punishable with up to a year of imprisonment and up to a $10,000 fine.

Defending a Hit and Run

If you are charged with a hit-and-run, you need a lawyer on your side. This is a serious charge and can result in you spending time in jail, losing your license, having a permanent record and paying large fines. However, there are ways to defend a person accused of committing a hit-and-run accident, even if their vehicle was spotted at the accident. Possible defenses include:

· You did not know you caused any damage or injury

· You were unable to leave any information for the property owner or injured person due to incapacitation

· You were not driving the vehicle

· You did not willfully leave the scene of the accident

Every detail is important in a hit-and-run case. The law has very specific expectations of what should be performed when an accident occurs, but if it can be proved that it was not possible or reasonable, the charge could be dismissed.

Experienced California Traffic Lawyers

If you have been accused of a hit-and-run accident or other traffic violations, our lawyers at Bigger & Harman, APC, are committed to helping you fight you case. Call today at 661-859-1177 or email attorney@markbigger.com to receive the personal professional attention you deserve. En español, llame al 661-376-0214.