Vista and San Diego Hit and Run Defense Lawyer
Facing Hit and Run Charges in North San Diego? Call 24/7 For a Free Consultation
If you have been arrested for fleeing the scene of a car crash, hit and run defense attorney Peter M. Liss can help you. As a graduate of the top-ranked University of California, Berkeley Law School, he has successfully defended many individuals, including those charged with criminal traffic offenses, such as hit-and-run accidents.
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California Hit and Run Laws Explained
When you get in a car accident, you are legally required to provide the other party with your driver’s license, vehicle registration, and address. If you flee the scene of the accident without providing this information, you can be charged with hit and run under California Vehicle Code 20002 (VC) or 20001 (VC).
“You can also be charged with these offenses if you provide fraudulent information to the other party after an accident,” notes Liss. Giving fraudulent information to a police officer is a distinct crime, filed under 31 (VC).1
Misdemeanor Hit and Run Charges in California
You can be charged with a hit and run after causing any amount of damage to someone else’s property, even if you don’t hit another vehicle. If you run over someone’s pet or hit a neighbor’s mailbox while backing out of your driveway, you can be charged under 20002 (VC) if you neglect to provide your information.2
What Makes a Hit and Run a Felony in San Diego?
When a driver leaves the scene of an accident after someone was injured or killed, they can be charged with felony hit and run, charged under 20001 (VC).3 This offense can also be a misdemeanor at the discretion of the prosecutor.
What is the Penalty for a Hit and Run in Vista, California?
Sentencing for hit and runs is based on the specific charges, the severity of the property damage or injuries suffered by the victims, and the defendant’s record. If the victim injured in a hit and run accident dies, the defendant can even face vehicular manslaughter or homicide charges. Additionally, the prosecution may file animal abuse charges when an animal dies after a hit and run crash.
Penalties for 20002 (VC)
When hit and runs only involve property damage, they carry a maximum penalty of six months in jail, although many defendants are sentenced to summary probation instead.
Penalties for 20001 (VC)
When a hit and run results in even a slight injury, the charge is a wobbler, meaning it can be filed as a misdemeanor or felony at the prosecutor’s discretion. When filed as a misdemeanor, 20001 (VC) is punishable by up to one year in jail and a fine of up to $10,000. As a felony, the maximum sentence is up to four years in prison.
Alternative Sentencing
In many hit and run cases, an attorney may be able to have the charges reduced or secure an alternative sentence, such as community service, to help you avoid incarceration.
DMV Consequences
Aside from incarceration and fines, you may also face additional penalties through the Department of Motor Vehicles. If you are convicted of felony hit and run, your license will be suspended for one year, and you will be required to obtain SR-22 insurance to reinstate it.4 If you have any prior points on your driving record, your license may even be suspended for a misdemeanor.
What Defenses Work Best in California Hit and Run Cases?
“In my experience, there is no single best defense for these cases,” says Liss. “Each client’s situation is unique.” Sometimes, he finds the most sensible approach is to negotiate a plea deal to minimize the charges or sentencing. In other cases, it may be more advantageous to contest the charges.
These are some of the most common defenses lawyers use in hit and run cases in San Diego County:
Agreeing to Pay for the Damages
When no injury occurs, a hit and run charge can sometimes be dropped if the other party agrees. “In my experience, victims are likely to agree to let the prosecutor drop the charges if you agree to a civil settlement to cover the damages,” says Liss.
No Knowledge of the Accident
To prove a hit and run charge, prosecutors must show the driver knew (or should have known) an accident occurred. If they cannot meet those standards, they cannot secure a conviction. Dashcam footage can provide invaluable evidence for this defense.
“A driver who caused an accident may still owe the other party financial compensation if this defense is successful,” notes Liss.
No Damage Occurred
“You can only be convicted of hit and run if you damaged someone else’s property or injured another person,” advises Liss. If no damage occurred, or only your vehicle was damaged, you didn’t commit a crime, even if you left without sharing your information.
No One Was Injured
While not a full defense to the charges, if no one was injured but property damage occurred, you should only be charged with 20002 (VC). If you were accused of 20001 (VC) but no one was injured, the charges should be reduced.
Mistaken Identity
These cases often hinge on the memories of victims and witnesses, who may have only a fleeting glimpse of a vehicle for a matter of seconds. People are frequently accused of these charges because they or their vehicle match the description of the person or car involved in the incident.
Even if your car was the one in the accident, the prosecution must show you were the one driving, especially if you share the vehicle with other drivers. If there is any question about who was involved in the hit and run, a good alibi or proof that you were not involved in the accident can help you avoid a conviction.
It Was Not Safe to Stop
If it was unsafe for you to pull over and exchange information, you have the right to drive to a safe place to do so.5 Similarly, if the other driver threatens your safety, it is legal to protect yourself from harm by driving away.
Even in these situations, California law requires you to contact the police as soon as possible to report the accident. By doing so, the police can provide the other driver with your information, allowing them to process a claim with their insurance company. If you have reason to believe the driver presents a serious threat to you long after the accident, your defense lawyer may be able to help you secure a restraining order to protect yourself.
You Were Seeking Medical Attention
“You can legally leave the location of an accident to seek emergency medical assistance for you, your passenger, or someone else injured in the accident,” says Liss. However, you must report the incident to hospital officials or the police so they can identify anyone else involved and provide them with your contact information.
If you are charged with a hit and run, even though you were seeking emergency care and provided the police or hospital staff with information about the accident, the charges should be dropped.
Your Rights Were Violated
Police must have a reasonable suspicion to stop your vehicle and probable cause to perform a search.6 If they violated your rights, any evidence uncovered as a result must be suppressed. In some cases, this can be enough to result in the charges being dropped or reduced due to a lack of admissible evidence.
Why You Need a Vista Hit and Run Defense Attorney
It’s easy to say something that can completely undermine your defense. “If you have been accused of hit and run,” says Liss, “the best thing you can do is invoke your right to silence and request an attorney.”
Call attorney Peter Liss today at (760) 643-4050 to start fighting the charges. Mr. Liss has a proven track record of defending clients like you, and he can help you too.
Hit and Run Defense
Top San Diego Lawyer
Attorney Peter M. Liss has over 40 years of experience handling misdemeanor and felony criminal traffic cases just like yours. He has successfully tried hundreds of cases, and clients praise his dedication and honesty.
Why Work With Peter Liss
Throughout your case, he will:
- Advise you about the status of your case
- Argue for reduced bail
- Make necessary court motions (such as suppressing evidence)
- Seek the reduction of charges
- Fight for alternative sentencing or the lowest possible sentencing
Defending You in Court and Out
As your attorney, Mr. Liss can even accompany you to the police or sheriff’s station and aid you during questioning if they ask you to take your vehicle in and describe what happened. This way, he can protect you from saying something that may be used against you in court.
After the initial police interviews, Peter Liss can represent you at your trial or in a plea bargain. In most misdemeanor cases, he can appear on your behalf in court, so you don’t need to miss work.
Frequently Asked Questions About Hit and Run Charges in Vista, CA
What is the Difference Between California Vehicle Code 20001 (VC) vs 20002(VC)?
While both charges apply to hit and runs, 20002 (VC) is a misdemeanor that carries a maximum sentence of six months in jail. This charge only applies if there was only property damage. If someone was injured even slightly, the charges are filed as 20001 (VC), which can be a misdemeanor or felony punishable by up to four years in prison.
Do I Have to go to Jail for a Hit and Run in San Diego?
No. Some people convicted of this crime will be sentenced to probation rather than jail or prison.
Can You be Charged with a Hit and Run When Your Vehicle Was the Only Thing Damaged?
No. This charge only applies when the defendant damaged another person’s property or caused injury to another individual.
Can I be Charged with a Hit and Run When I Didn’t Cause the Accident?
Yes. If you are involved in an accident and neglect to give the other party your information, you can be charged with this crime.
Legal References
- Vehicle Code 31 (VC) (California Legislative Information) ↩︎
- Vehicle Code 20002 (VC) (California Legislative Information) ↩︎
- Vehicle Code 20001 (VC) (California Legislative Information) ↩︎
- Section 7: Laws and Rules of the Road (California DMV) ↩︎
- So You’ve Had an Accident, What’s Next? (California Department of Insurance) ↩︎
- Pretext Stops (City of San Diego) ↩︎
