Lindsay Lohan is being accused of Hit and Run in Los Angeles. Lohan denies any allegations of a hit and run, saying that she did not hit anyone. On March 14, 2012, the young actress wanted to stop by at a friend's birthday in Hollywood, but was swarmed by paparazzi and decided against it, driving herself home.
A 26-year old nightclub manager attests that he was hit by the starlet's car and was taken to the hospital and claiming that after Ms. Lohan hit him, she did not stop to check if he needed medical assistance, as is required by law.
California Vehicle Code §20001 makes it unlawful for a person to strike another person causing injury without stopping to provide medical assistance and a proper name and contact information. If there is no injury to another person, the person could possibly be charged under California Vehicle Code § 20002 as a misdemeanor. It is a misdemeanor hit and run when the damage is to property and not another person.
In the current celebrity case, if there is no damage to property or person, then she cannot be charged with a Hit and Run. This is especially important because Lohan is currently on probation for a previous theft case and a DUI case. If she is charged with a Hit and Run, there will be an additional charge of a probation violation.
Facts and statements from the actress's reps and witnesses seems to lead to the indication that there was no real injury to the victim, and it may be just for publicity purposes. However, even slight accusations the police must take seriously and are conducting an investigation to determine if in fact there was any injury.
If there is an injury, Lohan will be charged in Court and tried before the Judge. It must be proven by the government beyond a reasonable doubt that not only did Lohan hit and cause injury to a person, but she also failed to stop and provide assistance if it is necessary. Additionally, they must also show that Lohan failed to provide her contact information so that the injured person could contact her for costs and expenses.
If all elements are proven by the prosecutor, then only Lohan will be convicted of a hit and run, and consequently a probation violation. In the past Lohan has been convicted of criminal violations, however, it seems in this current situation, there may not be enough information to move forward.
Police officers will conduct an investigation and if they believe that there is enough evidence to demonstrate a violation, they will forward the case to the District Attorney. The District Attorney will review the file and make a determination of whether it is important to file a case against Ms. Lohan, or there is not enough to indicate there has been a violation. In either case, the starlet should hire a Los Angeles Criminal Defense attorney to help start negotiations with the police department right away to keep any potential charges from being filed.