Los Angeles DUI Lawyer Blog

California law requires that any driver in involved in an accident, regardless of fault, stop and exchange drivers license, registration, and proof of insurance. These requirements are set out in California vehicle code section 20002.

The law offices of Hoffman and Associates specializes in representing drivers facing possible hit-and-run charges by not complying with the law. Popular reasons given for not stopping are lack of auto insurance, fear of getting arrested for a driving under the influence charge, driving on a suspended license, and having outstanding failures to appear or warrants for their arrest.

Regardless of the reason that a driver did not stop, WE CAN HELP ! One of the common and most frequently asked questions by potential clients is whether they made a mistake by either confessing to the police about their leaving the scene of an accident, or telling the police a fabricated story in an effort to absolve themslves from responsibility. A popular alibi is that their car was stolen, which further complicates such a hit-and-run case by adding charges of filing a false police report or insurance claim.

There is one significant reason that drivers finding themselves in this situation should consider before contacting the police to be cooperative or to ease their conscience. Any statements made by a driver to the police can be used as legal admissions of their guilt often laying a foundation for a criminal prosecution of a misdemeanor (non-injury) or a felony (serious injury) hit-and-run.

A hit-and-run defense attorney has the luxury of gathering valuable information about the accident from the police including how the accident happened, extent of damages to other cars or personal property, and any injury claims by the other parties. Statements made to the police by an attorney on behalf of the driver are not legal admissions of responsibility, and cannot be used against the client should criminal charges be filed.

An experienced hit-and-run attorney knows what to say, and more importantly is aware of what not to say to the police. An effective counsel can facilitate and negotiate in many cases, an informal restitution of damages suffered by the other party, and if aggreeable, resolve the matter without being referred to the prosecutor for the filing of charges. Upon the successful negotiation of a civil compromise, the client benefits by avoiding the far more expensive and potential serious consequences of a hit-and-run conviction.

Taking advantage of our firms FREE PHONE OR OFFICE CONSULTATION on any legal matter, can help you understand the various stages of resolving this type of case, and the options and benefits in being cooperative and proactive in resolving this legal issue.

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 you should be aware that it can result in either a felony or a misdemeanor, depending on the extent and nature of the damage. If the damage is to property, the case will be charged under California Vehicle Code 20002 as a misdemeanor. If the damage is to a person, the case will be charged under California Vehicle Code 20003 as a felony.

Potential penalties that may be given according to the California Vehicle Code include up to $1,000 in fines, and 0 to 6 months in jail. Sentencing may also include probation and alternative forms of sentencing such as community service.

In a misdemeanor case, the final sentence will be determined by the extent of property damage. The damage will fall within a range and the penalty will be given correspondingly. In a Hit and Run case in which the driver struck a person's fence and caused little damage will see a penalty in the form of a low fine. In contrast, in a case where someone causes extensive damage to another person's vehicle will be looking at a higher fine and possibly even some jail time.

In a felony Hit and Run case, the penalty will correspond to the extent of the injury caused to the other person. Injuries happen across a wide spectrum. On the lower end there are minor injuries, including minor scratches, sprains, and bruises. These injuries require little medical care and are quick to heal causing no permanent damage, or long term effects on the injured person's life.

At the other end of the spectrum, there are more serious and often fatal injuries. In contrast, these injuries require significant health care and costs, involve deep tissue or internal organ damage, and result in permanent or long term damage that has serious or fatal consequences on the injured person's life. Felony cases will be charged with sentences closer to the $1,000 fine range, and six months jail time or in some case, both.

Despite whether you have been charged with a misdemeanor or a felony hit and run, one thing is certain: you want the least possible penalty that can be issued. A Los Angeles Criminal Defense attorney can create the best possible defense so that the prosecution sees you in the most favorable light. This involves gathering positive letters from friends and family, negotiating with the prosecution and using mitigating circumstances to reduce the ramifications in your case. An attorney with thirty years of experience knows exactly what will strengthen and weaken your case and is able to effectively reduce or limit it's potential consequences through plea bargaining and negotiations that comes only with knowing the prosecution and judges through years of practice and success. Additionally, an attorney who knows the area of law may be able to persuade the judge to allow alternative sentencing in lieu of jail time, should it be required. The main goal of a successful attorney is to reduce your charges as much as possible and consequently, your sentence.

A Hit and Run is a common vehicle code violation in the city of Los Angeles. So common in fact, that not only do local citizens get charged daily, but celebrities do as well.

On April 17, 2010, actress Heather Locklear was traced to a Hit and Run incident that occurred in the early morning hours. According to reports, the actress knocked over a "no parking" sign near her home in Westlake Village. She left without notifying any police officers or reporting the damage. The California Vehicle Code requires that anyone who damages property or causes injury to a person with their vehicle must exchange or attempt to exchange information with the injured party. Ms. Locklear left the scene after causing damage, without attempting to notify authorities or the police department.

Due to the fact that the damage was done to public property, the actress would be required, by law, to notify authorities. When defendants leave the scene without providing required information, officers are generally able to pinpoint the source by conducting an investigation. They will often study paint scraped off a car or dents made and will search for corresponding damage at the scene. Additionally, fragments left behind can be traced to the defendant's vehicle. In the current case, officers conducted an examination of debris left at the scene and were able to trace it back to Ms. Locklear's black 2005 BMW.

Because the only damage was to property, the Melrose Place alum was cited under California Vehicle Code 20002 for a misdemeanor. There is potential for the charge to be reduced with an experienced Los Angeles Attorney who will strongly argue mitigating circumstances. Additionally, an attorney who has successfully argued Hit and Run cases many times will present Ms. Locklear in a positive light and negotiate with prosecution.

Regardless of whether you are a big time celebrity as Ms. Locklear, or an average citizen who has been arrested for a Hit and Run, you want the best possible Criminal Defense attorney to argue on your side. Our firm offers reasonable rates that are affordable to all clients and will work with you to ensure you get the help you need. All reputations are at stake when such an incident occurs, and at our firm we understand your stress and will provide the support and comfort you need.

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.

California hit-and-run law states that any person involved in a traffic accident, regardless of fault, resulting in any property damage or personal injury must immediately stop and exchange license, registration and insurance information with the other party. Failure to do so will result in the commission of a misdemeanor or felony hit and run offense.

Accidents can happen to anyone... but leaving the scene of an accident without exchanging information can result in a criminal prosecution.. If you are convicted of a misdemeanor or felony DUI, you can face possible penalties, if convicted, which include jail time, probation, fines and community service. Judges and prosecutors do not like people leaving the scene of an accident, especially if somebody is injured . The law requires drivers to stop and offer aid, as well as exchange necessary license and insurance information.

There are many reasons that people involved in traffic accidents choose not to stop and exchange information. Very often fear is the motivating factor. Common reasons clients have told me that they have not stopped is that they have no insurance, or that they are under the influence of alcohol and drugs and are afraid of being arrested and afraid of confrontation from the other driver.

Hiring an experienced hit-and-run attorney can mean the difference between being prosecuted or not. For over 30 years, the attorneys at Hoffman and Associates have helped hundreds of clients who have made the mistake of leaving the scene of an accident without exchanging information.

One very effective method our office has used for many years is that of a Civil Compromise. Essentially this is a legal technique where the alleged victim after being fully compensated for any medical bills, property damage or rental car expense agrees to a dismissal of any pending charges. A document is prepared called a Civil Compromise, which is submitted to the court for approval.

Although, not universally accepted and very often over the objection of the prosecutor, we have been very successful at convincing judges to accept a Civil Compromise and effectively terminate any pending criminal prosecution, resulting in a dismissal of all charges

Early intervention by an attorney, interfacing with the victim and showing a client's good faith to make amends, very often reduces the other driver's anger and frustration. The sooner the contact is made providing your insurance information, or willingless to compensate the other party for any of their damages, the happier they will be. The result will be a greater willingness to sign a Civil Compromise agreement which is the foundation for a complete dismissal of all pending or potential criminal charges.