Los Angeles DUI Lawyer Blog

Hit and Run accidents are more common than people tend to think. According to statistics from the Federal Department of Transportation they have increased by 15% since 2000. Additionally, the federal statistics indicate that California has the highest number of accidents resulting from Hit and Runs. With so many offenses, the need for a highly skilled Los Angeles Criminal Defense attorney is necessary to prepare a civil compromise and prepare the best strategic defense possible.

There are many reasons people tend to commit Hit and Run offenses, including not having a valid driver's license, have had their license revoked, can't or haven't paid their insurance, and many people who don't qualify for a driver's license in the first place. These are often the driving motivation for people to leave the scene after an accident, resulting in a Hit and Run. Fortunately, the majority of these accidents leaves damage to property more than persons, however, even the smallest injury to a person still causes great damage.

An experienced Los Angeles Criminal Defense attorney has handled thousands of Hit and Run cases. A knowledgeable attorney, like Ronald Hoffman, can provide a powerful defense and zealously advocate your case so that you see reduced charges or a dismissal. Our firm immediately gets to work convincing the injured party to drop charges and seek restitution outside of the court system. As a result we are able to prepare a civil compromise and present it to the prosecution which will not only strengthen your case and its chances for dismissal, but weaken prosecution's desire to bring the case to court. Our goal from the beginning of your case through to its completion is to quickly take action, get the charges dropped and avoid any charges being put on your record.

Ensure that your record remains clean, especially when the injured party has agreed to seek reimbursement outside of the judicial system. There is no need to be charged in criminal court when both parties have made amends. Contact our office for a free consultation and learn what we can do for you without cost of obligation!

When charged with a California Hit and Run case, there may be potential defenses, although they are successfully argued in few cases by an experienced Los Angeles attorney.

A defendant can argue that there was no or minimal damage. Damage to property or person is required for a valid Hit and Run case and to be charged under the appropriate statute. If there is no damage, then there cannot be a valid charge for a Hit and Run. If there is no real damage to victim's property, the prosecution may not be able to bring a valid case against you.

Additionally, if there is little damage and you compensate the injured party for all damages incurred a civil compromise may strengthen your case. A Los Angeles attorney who has defended many Hit and Run cases will talk to the injured party who has been compensated for all damages and will work with them to help reduce charges or dismiss the case altogether.

Another potential defense, although rarely argued, is if you made a good faith effort to leave the requisite personal information. This is difficult to prove because very often the defendant is alone at the time of the injury, and providing evidence that the information was left for the injured party is near impossible.

Cases become challenging under certain circumstances such as when a defendant claims they could not locate the owner of damaged property and had to leave a note which then blew away or a similar situation in which the note was destroyed. Credibility issues also arise when this defense is used. The credibility of the defendant is questioned in their argument as to whether or not they did in fact leave the requisite info with the injured party.

Regardless of the defense, a California defense attorney can argue efficiently and create a strong case in your favor. Our firm has been arguing Hit and Run cases in courts all over Southern California for over thirty years. An attorney will gather positive feedback and letters from friends and family as well as a letter from the injured party if they have been compensated and are willing to drop the charges. All this together will help strengthen your case and will assure you the best possible result of your case.

In order for the government to bring a case against you for a Hit and Run, all requisite elements must be present. These elements make up the Prima Facie case for a California Hit and Run.

First and foremost there must be damage to either property or person. The extent of the damage, and the nature of the damage, is what will determine which Vehicle Code you will be charged under.

Like much of the Vehicle Code, damage will fall along a range of potential consequences. Slight damage, such as a scratch, will fall along the lower end of the spectrum and will consequently have a lower potential penalty than more serious damage, such as a car that is completely damaged. A car that has been damaged extensively, as a result of a hit and run, will have a more severe penalty.

Similarly, damage to a person also falls along a range. A prosecutor will take into account the extent of injury to the victim, whether the victim suffered minor injuries, or a more significant injury, also considering the potential for permenant damage. Accordingly, an appropriate penalty will be given.

In addition to damage, there must be a lack of exchange of information. Vehicle Code sections for a hit and run require that the driver of the vehicle locate the victim or owner of property damaged, and leave information as required by statute. If the owner of the property is unable to be located, the statute requires that the driver leave a note in a conspicuous place so that the owner receives the correct information.

The driver must leave with the owner or victim a current drivers license, current address, vehicle registration and the address of the registered owner of the vehicle. If the owner of the property cannot be located, the driver must also leave a statement as to what happened to the property damages.

If either there is no damage to any property or injury to person, or if you did attempt to give the injured party your contact information as required by law, the government may not be able to bring a case against you.

However, if these two elements are present, the government can bring a case against you and you may be charged under VC 20002 or VC 20003. Our firm handles Hit and Run cases daily and our team of attorneys appear in court daily in front of Judges all over Southern California arguing for the best possible results. We work hard to prepare a case that shows you in the most positive light and with 30 years of experience our clients have seen many desired results.

The California Penal Code divides the Hit and Run statute into two sections.

California Vehicle Code 20002 requires a) a driver who causes damage to only property, including another vehicle to immediately stop the vehicle in a location that does not impede traffic or jeopardize the safety of motorists. It further requires that the driver b) locate and notify the owner of the property damaged of the current information as provided by the statute; if the owner cannot be notified or located to c) leave a notice in a conspicuous place giving the name and address of the driver along with a statement, and must notify the police department without unnecessary delay.

In contrast California Vehicle Code 20003 requires a) a driver involved in an accident resulting in injury to, or death of any person, shall give their current information as provided by the statute to the person struck, or any occupants of the vehicle collided with. Additionally, the driver of the vehicle must also render reasonable assistance to any person injured in the accident. The driver must also, b) provide identification as asked by the injured party or any officer at the scene.

When a defendant is charged under VC 20002 it will be a misdemeanor. Similarly, when charged with VC 20003 it will be a felony. Under either section, a Hit and Run case can have consequences that can greatly affect your life. With the proper defense a Los Angeles Criminal attorney can reduce a felony charge to a misdemeanor, and a misdemeanor to less. Our firm has represented hit and run clients for over thirty years, including a recent case which resulted in a successful disposition. Trust a skilled and experienced attorney who knows what you are going through and knows what steps must be taken to protect your freedom and good record.

Your driving record is a very important indicator in the eyes of a prosecutor or judge as to how responsible the driver has been There are a number of factors that are considered in interpreting your driving record. These include the number of moving violations, traffic accidents,( where the driver is deemed to have been at fault) other infraction or misdemeanor violations like driving on a suspended license, driving under the influence of alcohol, hit-and-run, and other potential violations which can affect the outcome of your current case.

DUI cases can be dramatically affected by one's driving record and prior convictions of certain types of offenses. Typically, persons facing potential penalties for a first offense driving under the influence case without aggravating circumstances are not required to do any jail time, which is a very good thing.

Those drivers who have been convicted of driving under the influence offenses within the last 10 years face a mandatory minimum jail sentence between 96 hours and one year in jail. Anyone convicted of a third DUI within a 10 years face incarceration of between 120 days in jail and one year in jail.

It becomes clear based upon the above legislative guidelines that the law mandates substantially increased penalties based upon the driving record of the person arrested for a DUI.

Another consideration for prosecutors in determining their offer to settle is the frequency of prior offenses and other violations on one's driving record, as well as the recentness of prior offenses. For example, a driver who has recently been arrested for a DUI faces a much harsher penalty if his prior DUI conviction was very close to the conviction on his first offense. The typical Of probation on a DUI case is three years. If a second or third conviction occurs within this period of probation, potential penalties are far greater than they would be for cases outside of probationary term.

Prosecutors also add penalties which often include jail time for those drivers whose licenses are suspended at the time that they are arrested for a driving under the influence case. Further, even greatly increased penalties have been legislated for those drivers previously convicted of driving on a suspended..

Drivers convicted of hit-and-run, and other traffic related infractions and misdemeanors can be considered by a prosecutor and judge to increase the potential penalties the driver faces on his or her present case.

An experienced drunk driving defense lawyer, can use his skill and expertise in minimizing or eliminating the necessity of clients in these going to jail.

At the Law Offices of Ronald N Hoffman, we have represented thousands of clients in these circumstances and successfully eliminated or reduced the necessity of jail time.