Unlike many offenses, a Hit and Run charge may be avoided completely if proper steps are taken soon after an arrest has been made.

When you are arrested for a Los Angeles Hit and Run, you have not yet been found guilty. The arresting officer will submit a report to the District Attorney, or City Attorney’s office. The relevant prosecutor will then review the facts and the evidence and will then make a determination if charges will be filed and a case will be started.

There are certain steps that can be taken after a person has been arrested and before formal charges have been brought that could potentially avoid any charges altogether.

An experienced Los Angeles Hit and Run lawyer is well versed in not only the steps to take to give a case the best possible chances of dismissal, but also knows the right people to contact to start the process.

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What causes people to feel the scene of an accident resulting in a Hit and Run charge?

The overall umbrella is fear. People are scared that they may suffer consequences on varying fields if they do not flee the scene. Some of these issues are minor in nature, and some are much bigger. Either way, being charged with a Hit and Run, especially with injury, is a much worse scenario than those feared by drivers who opt to flee the scene.

  1. Do not want a DUI

Many people flee the scene and do not stay to help administer help or leave contact information because they are driving while intoxicated and are afraid they will get charged with a Los Angeles DUI. If they are caught, and usually the driver is, they will not only be charged with a DUI, if it is within the adequate time period, they will also be charged with a Hit and Run.

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It is very common for a person to be charged with both a Los Angeles DUI and Hit and Run from the same incident.

If a person is involved in an accident, or property damage and they flee the scene, then they could be charged with a Hit and Run, as well as a DUI if they were intoxicated and operating a vehicle at the time of the accident

What many people do not understand is that a Hit and Run, and a DUI, whether both offenses occur together or separately are a “no fault” offense when it comes to damage or injury. This means that if there is damage to property, and/or injury to a person, it does not matter if it is your fault or not. You will be charged with consideration of the damage or injury.

The reason damage or injury is a significant concern when it comes to a DUI and/or Hit and Run is because it increases your sentence, the charge, and will likely be tried as a felony depending on the specific facts of your case. This becomes increasingly of concern because it will have a major impact on the consequences of your charge, and your future.

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In order to be charged with a Los Angeles Hit and Run, a driver must have caused damage to property or injury to person, and have fled the scene without leaving contact information or rendering first aid if needed .One of the major reasons a person flees the scene of a Hit and Run is because they are afraid of being charged with a DUI.

A DUI and a Hit and Run are two separate charges, it is important to understand that. They are not factors or variables to be considered in one charge. What do I mean by that? Lets consider an example that will help clarify this concept.

David is on his way home from a birthday party with his friends. He has had several beers and is not sober. However, he has work early in the morning the next day and feels it is best for him to get home. It is late night, and is raining hard. He can barely see on his way home. Due to the rain he runs into a fence that is a part of someone’s private property .He causes the fence to fall in and break. David gets out of his car and inspects the fence. He also see the lights coming on in the house where he has damaged the fence. David is afraid that if the cops come, they will see the damage and also administer a blood alcohol test that could result in a DUI. He gets in his car and immediately drives away.

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If you have been charged with a Los Angeles Hit and Run, you will get a citation which will state the date, time and location of the courthouse at which you will have to appear. This appearance is not optional, or per your convenience. You have to appear in court on that date, or have an attorney appear on your behalf. An attorney can only appear on your behalf if it is not a felony hit and run. It has to be a misdemeanor and not fall under one of the exceptions in which the person being charged must also appear. This first court appearance is referred to as the Arraignment.

At the arraignment there are several things that will takes place:

1. The court shall read you the charges against you.

Many clients mistakenly believe that because certain charges arise out of one incident, that it is all considered to be one offense. This is not true. You can be charged with many different offenses, possibly resulting in multiple convictions from one incident. To better understand the concept, let’s consider an example.

David is driving home from a party. He has had a few drinks. He feels that he is fully capable of driving his car home, even if he may not be. He is driving home late, and it is a rainy foggy night, making it difficult for him to see. He is driving home on a deserted street, with parked cars. As he is driving he hits one of the parked cars on the left back bumper.

David is on probation from a DUI he got two years prior. Not wanting to get in trouble, he drives away hoping no one witnessed the incident. As he drives along, worried about getting seen, he runs a red light and is stopped by officers immediately. Officers smell alcohol on his breath and ask him to submit to field sobriety tests. What David also doesn’t know is that someone has witnessed him hit the parked car, and has reported the incident. The officers who have stopped him for suspicion of DUI get notified of the possible suspect, and arrest David.

Like most criminal offenses, the potential consequences for a Los Angeles Hit and Run are on a spectrum. The reason the potential sentence can vary is because the court will take into account the person’s criminal background as well as the facts of the case before issuing a sentence. No two cases are completely identical, and giving a sentence that is identical would not be fair. Therefore, a sentence is issued based upon each individual case, and statutory guidelines.

There are two levels of a Hit and Run. There is a hit and run in which property is damaged, and there is a Hit and Run in which a person is injured. When there is property damage, the charge can be a misdemeanor, unless there is significant damage. When a person has been injured, it will likely be charged as felony.

For misdemeanor Hit and Run cases, a conviction can lead to a sentence anywhere between a fine of up to $1,000.00, an up to six months in jail. It is likely that restitution will also be included. To better understand how a Judge will issue a sentence, we will consider two different scenarios.

For each Los Angeles offense that a person may be charged for, there are defenses available to that person. Strong argument, supported by evidence and testimony may result in either a reduction or dismissal of a criminal charge.

The basis of a Los Angeles Hit and Run Charge is that a person did not take proper steps after causing damage to property or injury to person. These steps will vary depending on whether the Hit and Run was damage to property, or injury to person.

If there is damage to property, the person must stop and leave contact information so that the person whose property was injured is able to contact them. If there is damage to person, the driver must stop and administer aid, call authorities and leave information as to where they can be reached. The relevant code sections spell out what is necessary in each situation and a careful review of the statutes can be very useful.

In order to successfully represent a person in a Hit and Run, it is important to understand the code from which the offense arises. There are several defenses available to a person who finds themselves in such a situation, and with the help of a Los Angeles Hit and Run lawyer the case may be reduced or dismissed. California Vehicle Code §20002 makes it unlawful for a person to cause damage to property or another vehicle, and to leave the scene.

Let’s consider the relevant law as it is stated. The first provision of the statute identifies the type of action that with trigger a hit and run, and what steps must be taken to prevent it from being unlawful. It reads as follows:

“(a) The driver of any vehicle involved in an accident resulting only in damage to any property, including vehicles, shall immediately stop the vehicle at the nearest location”

Many of our clients ask us if a probation violation is an additional charge on top of their Hit and Run charge, or if it is a part of the Hit and run. Unfortunately, a probation violation is its own offense and can potentially add to your sentence.

In order to fully understand how it works, we can use an example.

Dana is driving home from work on a foggy and rainy evening. She cannot see too far ahead of where she is going. She runs into a fence in someone’s front yard. Tired and scared of what it might do to her insurance, Dana decides to drive away. She goes home, cleans up her car and puts it in the garage. What Dana did not know was that the owner saw the incident occur from his living room window and gave the information to police officers. Police officers come to Dana’s house the next day and arrest her for a hit and run.

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