20001 (a) The driver of a vehicle involved in an accident resulting in injury to a person, other than himself or herself, or in the death of a person shall immediately stop the vehicle at the scene of the accident and shall fulfill the requirements of Sections 20003 and 20004.
California enforces harsh penalties for drivers who flee an accident scene after causing someone’s injury or death with their vehicle. CA Vehicle Code 20001 (a) – Felony Hit and Run Involving Injury or Death makes it a crime to leave someone in distress after they have suffered injuries in a motor vehicle accident. Minor injuries count, and so do injuries the driver does not know about if they drove away.
If you are facing charges in a hit and run accident involving a death or injury, review your legal options with our Los Angeles DUI lawyer today. We can navigate the complexities of your situation and advise you on the next steps to take. If law enforcement has contacted you, you should talk to us first.
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Understanding Felony Hit and Run Charges in California
California has several hit and run laws. Unlike VC 20002, which involves hit and run accidents with no injuries, California Vehicle Code § 20001(a) is a felony. That means the penalties are much harsher and can affect you for the rest of your life.
The law also refers to two other provisions in the Vehicle Code, VC 20003 and VC 20004. Together, the laws state that after an accident, you must:
- Stop immediately at the crash scene and provide reasonable aid or assistance to the injured person.
- Give the other driver your personal information, including your name and address, and show them your driver’s license.
- Contact law enforcement and report the accident if they aren’t already on the scene.
You have to do all of this immediately—even if you did not cause the accident. Failure to fulfill any of these points could count as hit and run.
Felony Hit and Run Involving a DUI Can Mean Higher Penalties
A felony hit and run accident that occurred while someone was driving under the influence (DUI) can increase criminal penalties. When this kind of accident involves a DUI, the penalties can be significantly more severe compared to either offense alone.
If the DUI itself injures someone, defendants can face charges under California Vehicle Code § 23153 – Driving Under the Influence of Alcohol or Drug Causing Injury. This charge can be a misdemeanor or a felony.
In California, a motorist driving a vehicle with a blood alcohol content (BAC) level of 0.08% or higher is legally too drunk to drive. This limit is 0.04% for commercial drivers and 0.01% or higher for drivers under 21 years old, the legal drinking age.
A person’s BAC in a DUI case is important to consider because alcohol impairs a driver’s ability to make clear decisions while operating a vehicle.
Consequences for Felony Hit and Run Causing an Injury or Death
In California, a felony hit and run causing injury under Vehicle Code § 20001 can result in serious legal consequences. Still, the violation is called a “wobbler” offense because it can result in a misdemeanor or a felony. It depends on the severity of the injuries suffered. A DUI case is a wobbler as well.
If it is charged as a misdemeanor, a defendant can spend up to a year in state prison or county jail and/or fines between $1,000 and $10,000. Those convicted in cases involving serious or permanent injuries can receive up to four years in state prison and fines ranging from $1,000 to $10,000.
If your hit and run is tied to a charge of vehicular manslaughter or vehicular manslaughter while intoxicated, you could face additional prison time. Other penalties include:
- Victim restitution: This compensation should cover the victims’ medical bills, lost wages, and other accident-related expenses.
- Driver’s license suspension or revocation: The California Department of Motor Vehicles (DMV) may suspend or revoke the driver’s license of someone convicted of a felony. Drivers will also earn two DMV points on their license for the accident.
- Criminal record: A felony conviction will result in a permanent criminal record for the offender, which can affect their housing options, employment opportunities, and more.
- Higher insurance rates: A felony hit and run conviction can lead to significantly higher car insurance premiums. Some insurers may even cancel the driver’s coverage.
- Civil lawsuits: A person convicted of a hit-and-run charge may face civil lawsuits from the victims or their families. These lawsuits can result in judgments for damages that far exceed the initial restitution and court-imposed fines.
In cases involving DUIs, other penalties can include requiring defendants to complete a DUI education program or attend substance abuse counseling. They also may have to install an ignition interlock device (IID) on vehicles they use and complete community service.
Common Defenses in California Vehicle Code 20001(a) Cases
In cases involving charges under California Vehicle Code 20001 (a) – Felony Hit and Run Involving Injury or Death, several defenses can be effectively employed depending on the specifics of the incident. Common legal strategies used to defend such accusations include:
- Lack of knowledge: A key defense is that the driver was unaware they had been involved in an accident that caused injury or death. This can occur in cases where the collision was minor, or the driver did not realize contact was made with another person or vehicle. Proving the driver did not know about the accident can be a defense against the charges.
- Misidentification: In some instances, the wrong person may be accused due to errors in witness identification or vehicle description. Establishing that the defendant was not at the scene or that their vehicle was not involved can lead to a dismissal of the charges.
- No injury or death occurred: Demonstrating that no injury or death occurred from the accident can also lead to a dismissal for felony hit and run. This requires evidence that the alleged victim’s injuries or death were unrelated to the collision.
- Emergency or duress: If the driver left the scene due to a reasonable belief that staying would put them in harm’s way, this can be a defense. For example, if the driver had a credible fear of imminent danger from other individuals at the scene, their departure might be justified.
- Constitutional violations: This includes defenses based on violations of the defendant’s rights during the investigation or arrest, such as improper police procedures, unlawful searches, or failure to advise of Miranda rights, which could lead to suppression of evidence or dismissal of charges.
A criminal defense attorney who handles DUI hit and run charges in California can investigate and collect supporting evidence to establish their clients’ cases.
How do Prosecutors Prove a Felony Hit and Run Occurred?
Prosecutors have the burden of proof to establish their case against defendants. To prove a violation occurred under CA Vehicle Code 20001 (a), they must establish all of the following:
- The defendant was driving a vehicle on a road and got into an accident.
- The accident injured someone or caused the person’s death.
- The defendant knew or reasonably should have known they were involved in a collision that caused someone’s injury or death.
- The defendant willfully did not fulfill their legal obligations as outlined in VC 20003 and VC 20004. This means stopping immediately at the accident scene, helping anyone who was injured, and giving contact information to the injured person and law enforcement.
A critical element in hit and run cases is proving what the defendant knew and when they knew it. Prosecutors can look for evidence as they set out to prove a defendant knew they were in an accident that caused an injury or a death.
All evidence must be relevant and show not just involvement in the accident but also the defendant’s awareness that the accident occurred and resulted in injury or death.
A Los Angeles DUI Attorney Can Challenge the Prosecution
It can be overwhelming to handle a criminal case involving an injury or death on your own. Our attorneys defend clients who face serious charges like those under Vehicle Code 20001 (a).
We can conduct a thorough assessment of your case and identify your defense strategy, which could include challenging the prosecution’s claims about your involvement in or the nature of the accident.
If your felony hit and run case involves DUI (driving under the influence), common defenses include:
- Questioning whether the traffic stop was legal.
- Challenging if the law enforcement official handled alcohol testing properly.
- Arguing that you were not impaired.
We will fight for the best outcome of your case. This includes reducing potential penalties and negotiating a plea bargain in a DUI case for lesser charges if appropriate.
Call Us Today for Help With a DUI Felony Hit and Run Case
If you are facing a case involving a hit and run accident in California, you may face charges under CA Vehicle Code 20001 (a) – Felony Hit and Run Involving Injury or Death. The sooner you hire legal representation, the sooner you will have an advocate looking out for you who will protect your rights and work on resolving your case.
These cases are complex, but you don’t have to face yours alone. Our Los Angeles DUI attorney will give you straightforward advice and help you decide how to move forward. Call or contact us online for a free consultation today.
