Hit and Run (DUI and non-DUI)
Non-DUI cases usually involve a situation where the police officer attempts to contact the driver of an automobile AFTER the Hit and Run. In many cases, the officer will not know that the person they are talking to is the driver even if the car in the driveway with damage is in their name. It is always best to politely decline to answer any questions, but that is easier said than done. However, it makes a very good defense if you decline.
Another scenario might be the officers coming to your door sometime after the alleged Hit and Run. Some drivers get very distraught and may have a drink after they get home and it is more difficult for the officer to prove drinking at the time of the alleged Hit and Run.
The fact is that many cases have defenses that clients are not aware of and throw in the towel early. But Hit and Run cases stay on your record for a long time causing unwanted problems in the future.
Important Note! Many smart clients contact us before an officer has visited their residence or place of business hoping to get the client to confess. We then contact the police officer or law enforcement officer to let them know you are represented by San Diego Defenders and that any further questions are to be directed to attorney Daniel Smith or Jon Pettis. The importance of pre-file representation cannot be over-emphasized! Call us immediately if that is the situation.
Most cases that are discussed on this site regarding VC23152 DUI offenses could also VC 20002(a) Hit and Run charge for further aggravating the case in the eyes of the officer, if you fled the scene. And, as outlined above, Hit and Run and will require a vigorous defense even without a DUI.
Under California law it is not a courtesy but a mandate that you stop at the accident scene, exchange contact information with any other drivers involved, and assist anyone that was injured or killed. If you fail to meet these obligations, you qualify as a Hit and Run and will considerably aggravate your case.
If you or a loved one is under investigation for a hit and run and one involving a DUI in particular, call your trusted San Diego Criminal lawyer at (619) 258-8888. If you have not been identified yet, don’t waste another minute. In either case, if you have or have not been identified yet, call us without delay.
DUI Hit and Run Charges
A hit and run accident involving drunk driving generally involves multiple offenses:
- The accident itself.
- Is your Insurance current?
- The level of blood alcohol.
- The severity of the accident.
- Was anyone injured or deceased?
- What amount of damages were caused?
- Were there drugs involved?
- Where any minor present?
· Have you been convicted of any similar offenses in the past?
Each of these circumstances carries severe penalties in and of itself. Some cases can be a simple DUI while others can be considered a misdemeanor DUI, felony DUI, or even vehicular manslaughter. But if you are alleged to have “hit and run,” the prosecutor can ask for greater penalties.
Hit and Run Sentences
If no one was hurt during your hit and run accident and it was not your fourth offense in the past 10 years, then it will generally be charged as a misdemeanor and there are good defenses. If, however, your situation involves injury, death, or severe material damages, you will face a felony. The fact that you hit, and run can add up four years in state prison and a fine of $10,000 (maximum fine). If you have any additional questions, please contact our San Diego Criminal Lawyer for a free telephone consultation 619-258-8888.