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Does Fault Matter in a Los Angeles Hit and Run Case?

When a person has been charged with a Los Angeles Hit and Run it does not mean that they have been found guilty. It simply means that an officer arrested them on the grounds that there is probable cause to believe that they are guilty of a Hit and Run. A court of law must find them actually guilty beyond a reasonable doubt on all elements of a Hit and Run before they can actually be charged and convicted.

For a person to be convicted the court must find that there is 1) an injury to a person or damage to property, and 2) they fled the scene without providing contact information.
Many times people mistakenly assume that because the accident or injury was not their fault, that they cannot be charged with a hit and run. This is not the case, and regardless of fault, you can, and may, still be charged with a Hit and Run.

Let’s consider an example. Donna was driving home from a party and was rear ended by a drunk driver.. Because Donna was late she did not stop but noted the other driver’s license plate number planning to contact him later. Unbeknownst to her, the other driver immediately called authorities and informed them that Donna had caused an accident. Officers located Donna and arrested her for a hit and run.

It is unfortunate, but in Donna’s situation, it is not her fault that she was involved in an accident. Unfortunately, because she did not stop and exchange information, regardless of it being her fault, she can still be charged with a Hit and Run.

A Los Angeles Hit and Run is a serious charge and carries with it certain penalties. It is highly encouraged that if you are involved in any kind of accident, or injury, regardless of fault, that you stop and exchange information with the other party. If you have been charged with a Hit and Run then it is important that you consult a Los Angeles Criminal Defense attorney as soon as possible.

There are certain defenses that may be available to you, and if those defenses are successful it could result in your case being dismissed or reduced. A hit and run is a misdemeanor and will remain on your permanent record, and could put you on probation for three years.

Successful representation of a Hit and Run could include a civil compromise, witnesses and letters of recommendation. An experienced Criminal lawyer will know exactly what steps need to be taken and can skillfully negotiation, especially in a situation where you are not at fault.