An Orange County Hit and Run charge is a serious offense that can carry with it potential life altering convictions and punishments. In order to avoid such a charge, it is imperative that drivers thoroughly understand the heightened duties they are expected to follow while operating a vehicle. However, a driver who fails to adhere to such duties may be charged with an OC Hit and Run.
Under California Vehicle Code 20001(a), a driver must stop at the scene if he or she is involved in an accident that causes property damage, injures, or kills another person. Furthermore, a driver must also; (1) pull his or her car over to the closest location that does not jeopardize the safety of other motorists, (2) provide his or her name and address to the property owner or injured party, however, if the driver is someone other than the owner of the vehicle, then the current address of the vehicle’s owner must also be furnished, and (3) if requested, the driver must present his or her driver’s license and vehicle registration.
In the event an accident causes injury or death to another person, the driver must also provide any traffic or police officer on the scene with his or her name and current address, the names and addresses of any people in the vehicle who were also injured in the accident, the vehicle’s registration number, and if applicable, the name and current address of the vehicle’s owner. Moreover, a driver involved in this type of accident has an additional duty to provide assistance to whomever has been hurt in the accident, should they request such assistance.
Thus, if a driver is involved in an accident and fails to fulfill the aforementioned duties then an OC Hit and Run charge may be applicable. In the state of California a driver may only be successfully prosecuted with an OC Hit and Run if the State is able to effectively prove that; (1) the accused was involved in a vehicle accident while driving, (2) the accident caused the death or permanent injury to someone else, (3) the accused knew he or she had been involved in an accident that hurt another person, or should have inferred from the nature of the accident that it was probable someone else had been injured, and (4) the accused willfully failed to stop at the scene and provide reasonable assistance to any injured person, as well as, failed to provide any identifying information to other involved parties or police officers at the scene.
In the event a driver is found guilty of committing an OC Hit and Run, the potential punishments will vary depending upon the circumstances surrounding the accident involved. Generally, a driver may face imprisonment in county jail or state prison for up to one year and a fine from $1,000 to $10,000 dollars. However, if the accident results in the death or permanent, serious injury of another person, then failure to stop at the scene can result in a prolonged duration of imprisonment in state prison or county jail, as well as, the possibility of an increased fine. Additionally, a driver will face five years in state prison to be served in conjunction with their original punishment if he or she is found to have fled the scene of the crime after committed an OC Hit and Run. Thus, it is without question that an OC Hit and Run is a serious offense that carries with it serious penalties. Nevertheless, if you find yourself charged with an OC Hit and Run, we at MacGregor & Collins, LLP are prepared to provide you unparalleled legal representation and ensure you understand your rights. Call us today at 949-250-6097.
