| California Vehicle Code Section 20002 defines what constitutes a "hit and run." Basically, it is a misdemeanor to leave the scene of an accident involving property damage to a third party, without first providing the other party with certain identifying information. Often, individuals will bump into another car so litely with their vehicle that they think nothing of it. Or, conceivably, they have may no idea that there was sufficient contact to justify the need to stop, wait, and exchange inormation. Such an innocent mis-judgment can prove problematic. Any small contact -- enough to cause even minimal damage -- requires the parties involved to stop. I have handled numerous cases whereby the party who was tapped into, or even another driver on the road who saw the "collision", takes down a license plate number and calls the police. And then, weeks or months later a phone call is made accusing an individual of "hit and run." In other circumstances, the person who caused the collision gets scared and intentionally drives or runs away. Recently, that was the unfortunate situation involving someone who left the scene. A passenger in the other car later died. The person who left was charged with committing vehicular manslaughter (California Penal Code Section 192, et seq.). As I have written in regards to other offenses, the intent of the perpetrating party is the key in determining what if any charges can and will be filed. I have a long-standing relationship with many district attorneys' offices throughout Southern California. As a former prosecutor, I know what proof is required and what it takes to properly defend these types of cases. Invariably, police officers and detectives will want a statement from someone they believe to have been involved in a hit and run accident. It is absolutely essential that an experienced criminal defense attorney intervenes before that happens. Generally speaking, giving a statement to the police never ever helps to prove someone innocent; One wrong word can seriously hurt a defense. If you or someone you know has been involved in a hit and run accident and has been, or fears that they may be, contacted by the police, the first thing that needs to happen is to seek the advice of a criminal defense lawyer. We are always available to assist on your behalf and fight to protect your rights. To speak with someone now, kindly call (310) 277-4112 or simply click here for immediate assistance. |
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Posted By Richard Sudar on October 30, 2009 03:13 pm | Permalink |