Failure to remain at the scene of an accident involving your vehicle, and exchange identity and insurance information with the other driver (or not leaving the information on the car if an unattended parked vehicle is hit) is a misdemeanor.
Leaving the scene of an injury accident is a felony.
Most misdemeanor hit-and-run charges can be favorably resolved if restitution through insurance can be made early in the case, which usually results in a reduced charge avoiding the misdemeanor conviction and the 2 points on your DMV record that is generated by a “hit and run” conviction.
The situation can be greatly complicated, however, if the police are still investigating a hit-and-run in which yourself or another family member is the suspected driver and the police want to “talk” to you or a family member about the case, and also examine and possibly seize your car as evidence.
In this situation it is imperative that counsel be engaged immediately to protect one’s rights and make sure the wrong things are not said. If someone was injured in the accident then the crime is raised to a felony and the police can make an arrest on probable cause.
There are some situations where a driver has just grazed another driver’s vehicle and not realized it, therefore, not pulling over as required. There are other situations where a driver has been the victim of what is perceived as a road-rage collision and been fearful of the other drivers so as to flee the scene for safety reasons.
These situations raise important defense issues that sometimes need to be litigated.
I do not charge for initial consultations and my reasonable fees are determined by the seriousness of the charges. Selecting the right attorney is a very important decision that can significantly affect your future. Do not take this decision lightly. I can help you, as I have done for hundreds of clients in the past.
The information contained herein is not intended to be advice concerning your individual situation, but rather is general in nature. Please rely upon your own attorney's advice regarding your specific case.
© 2015 Attorney Richard Muir
122 Civic Center Drive, Suite 102, Vista CA 92084
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