A hit and run is an offense that involves leaving the scene of an automobile accident. When a driver is involved in an accident of any kind, he or she has the legal obligation to stop as soon as is safely possible to render assistance if necessary and to exchange contact information with the other driver or with the owner of any property damaged in the collision. Failing to stop at the scene is a criminal offense which may be charged as a misdemeanor or a felony under California law, depending upon the extent of property damage and whether anyone was injured.
At Rodriguez Law Firm, we understand that there are many reasons that may have caused you to leave the scene of an accident. Our firm practices both immigration and criminal defense law. As such, we frequently receive visits from undocumented aliens who fled the scene out of fear of being deported. Right now, it’s important that you understand your rights so you can start building a defense strategy. This is where our San Diego hit and run lawyer can help.
Attorney Rodriguez knows how to help individuals who have been charged with a hit and run. Through his years of experience in criminal defense and as a former police officer, he understands how to build an effective defense strategy.
Our firm has handled countless hit and run cases, including situations where:
The driver hit a telephone pole and caused public property damage
The driver hit a fence, mailbox, etc. on someone else’s private property
The driver hit a parked car
The driver hit a pedestrian and caused injury or death
The driver hit another vehicle on the road and caused property damage or injury
The potential penalties you face depend on the severity of the accident, the cost of the damage, and other details of the incident. We can help you understand your circumstances and how the prosecution is likely to build a case against you. From there, we can explain your options and discuss the best strategy moving forward.
Common Defenses in Hit and Run Cases
At Rodriguez Law Firm, we craft defenses tailored to each client’s unique situation. Each case is unique, and the strategy we develop is designed to address the specific facts and circumstances surrounding the incident. Below are some of the most common defenses we employ:
1. Lack of Knowledge
One of the key elements of a hit and run charge is the driver’s knowledge of the accident. If you were unaware that an accident occurred or that damage was caused, we can argue that you did not intentionally flee the scene. This defense is especially relevant in situations where:
The impact was minor, such as a bump or scrape, and may not have been noticeable.
You were driving a large vehicle where the incident may have gone undetected.
By presenting evidence or witness testimony supporting your lack of awareness, we can challenge the prosecution’s claim that you intentionally left the scene.
2. Not the Driver
If you were not operating the vehicle at the time of the incident, you cannot be held criminally responsible for the hit and run. This defense is often used in cases where:
The vehicle was borrowed or stolen by another individual.
There is insufficient evidence to place you behind the wheel at the time of the incident.
We can present alibis, surveillance footage, or other evidence to demonstrate that someone else was driving the vehicle during the incident.
3. Emergency Situations
In some cases, leaving the scene of an accident may have been justified due to immediate danger or the need to address a critical emergency. This defense can apply when:
You feared for your safety due to a hostile situation at the accident scene.
You left to seek urgent medical attention for yourself or another person.
By proving that your actions were reasonable under the circumstances, we can argue that you acted out of necessity rather than with criminal intent.
4. Insufficient Evidence
The burden of proof lies with the prosecution, which must demonstrate beyond a reasonable doubt that you committed the hit and run offense. If the evidence against you is weak or circumstantial, we can challenge its reliability and accuracy. Examples include:
Eyewitness Testimony: Eyewitness accounts can be inconsistent or unreliable, especially in stressful situations.
Video Footage: The prosecution may lack clear video evidence linking you to the incident.
Physical Evidence: The damage to your vehicle may not match the details of the reported accident.
By identifying gaps or inconsistencies in the evidence, we can create doubt about your involvement, potentially leading to reduced charges or case dismissal.
FAQs: Hit and Run Cases
1. What is considered a hit and run under California law?
A hit and run occurs when a driver involved in an accident leaves the scene without stopping to provide assistance, exchange information, or report the incident as required by law. This applies to accidents involving other vehicles, pedestrians, or property damage.
2. What are the penalties for a hit and run in California?
The penalties depend on the severity of the accident:
Misdemeanor: Typically involves property damage and can result in fines, probation, community service, and up to six months in jail.
Felony: Involves injury or death and carries harsher penalties, including substantial fines, prison time, and the possibility of a civil lawsuit.
3. Can undocumented immigrants charged with a hit and run get legal help?
Yes, undocumented individuals are entitled to legal representation. Our firm frequently works with undocumented immigrants who may have fled the scene out of fear of deportation. We can help build a defense to address both the criminal charge and any related immigration concerns.
4. What should I do if I’m accused of a hit and run?
If you’re accused of a hit and run, avoid giving statements to the police or insurance companies before consulting an attorney. Contact an experienced hit-and-run lawyer immediately to protect your rights, assess the evidence, and determine the best course of action for your case.
You Are Not in This Alone
If you have been involved in a hit and run, contact our San Diego criminal defense lawyer before you give statements to the police or an insurance company. We offer initial consultations where you can tell us about your circumstances and learn how our team can help.
Our integrity is the key to a successful Attorney-Client relationship. We are committed to always serving your best interest with integrity and respect.
Honesty
We understand that clients need to trust their attorney. We work hard to earn your trust by being transparent and honest with our legal advice and proposed solutions.
Commitment
Our commitment to our clients will never waiver. We strive to always provide our clients with professional services and the best legal solutions available.
Mission
We are here to help immigrant families live the American dream. We do this by offering competitive Fees and Payments Plans designed to help you afford our services.
“His hard work and dedication has made it possible for me to apply for my U.S citizenship and keep my family together. I am forever grateful to John Rodriguez and his team!!”
After consulting with other attorneys about my case I was told that my criminal/immigration case was extremely complexed. I was turned down by several other attorneys that would not take on my case. I was facing deportation without eligibility for any waivers. After many sleepless nights I came across Rodriguez LawFirm and I am glad I did!! John was very honest, and truthful but also very compassionate. After speaking with John my very first time, I felt like there was hope for my case. John Rodriguez and his team are extremely professional, and effective. John fought for me and my family with a relentless passion and conviction. John kept me well informed walking with me through the whole process. In fact there were several of weekend nights that he would call to update me on my case. He always kept me feeling positive. I believe John Rodriguez is living out his calling in changing immigrant families lives and futures.He was able to vacate my criminal case. His hard work and dedication has made it possible for me to apply for my U.S citizenship and keep my family together. I am forever grateful to John Rodriguez and his team!!
Claudio C.
“I could not have asked for a better group of professionals to work with to get us through to the next stage in the process we cannot thank you enough.”
John, we cannot thank you and all of your team enough for the assistance you firm provided us. Olavo, Susan, Valeria, and you ensured all required requested documents for the processing of E.L and my fiance visa were collected and timely sent to USCIS. Within less than two weeks of submitting our response to the USCIS our case was approved and sent on to the NVC. I could not have asked for a better group of professionals to work with to get us through to the next stage in the process. We cannot thank you enough and look forward to meeting you and your team someday when we visit San Diego.
RK & EL
“The process was fast I’m thankful that they did everything for my case! I’m so happy, thank you again Mr. Rodriguez!”
Lawyer Rodriguez is the best he helped me a lot with my case. The process was fast I’m thankful that they did everything for my case! I’m so happy, thank you again Mr. Rodriguez!
Anibal Rodolfo
“I’m glad I chose to call Rodriguez Law Firm and have Mr. John Rodriguez work on my DUI case while other lawyers had told me it wasn’t going to be possible .”
It’s amazing! I’m glad I chose to call Rodriguez Law Firm and have Mr. John Rodriguez work on my DUI case while other lawyers had told me it wasn’t going to be possible and that I could be facing deportation due to that fact that I’m a DACA Recipient so I had little hopes considering this DUI was with a crash and an alcohol percent of .23 and DACA as well, But yet with the help of Mr. Rodriguez and how he was able to negotiate things he managed to get a wet wreck less which was something that I’m extremely pleased with, thanks to him it won’t affect my DACA and I have a second chance to do things right. I would highly recommend Rodriguez Law Firm they’re outstanding at what they do.
J. M.
“Highly, highly, highly recommend this great firm. Great experience from start to finish. My case was definitely tough and I’m beyond grateful they were able to answer all my questions.”
Highly, highly, highly recommend this great firm. Great experience from start to finish. My case was definitely tough and I’m beyond grateful they were able to answer all my questions. Would honestly give him a call and I’m sure him professional will win you over. Amy working near him is amazinggggggg she was so quick to answer all my questions. My case has finally been approved and they were able to notify me instantly before receiving it In mail which is amazing because it took a huge weight off my shoulders. Will definitely be coming back in the future. I appreciate your hard work guys.
D. V.
“Rodriguez law firm made it possible they won my case. Thank you for your hard work”
Rodriguez law firm are very professional. My case was a very difficult it had a 3% chance of success. Rodriguez law firm made it possible they won my case. Thank you for your hard work.
Jose Ruiz
“I cannot thank you enough John for your professionalism and dedication in fighting and helping win my case.”
Attorney John Rodriguez is a persistent lawyer who is dedicated to fighting your case to get you the best possible outcome. He certainly did for me! He called me at 11:30 pm on a Friday night to give me an update. I do not think there is another lawyer out there who would do this. I could not have received a better outcome in my case. After working with John and his team, I know that I made the best choice for myself. Should I need immigration or criminal representation in the future, John is the first person I would be calling. I cannot thank you enough John for your professionalism and dedication in fighting and helping win my case.
S. K.
“He was kind and empathetic to my husband's situation but also took the time to be honest and explain the risks.”
“This process took over a year because of the court's backlog but through it, all John stayed positive, kept us on track, and my family and I couldn't be more grateful and thankful for all of his hard work.”
