Hit and run defense in San Diego

People accused of hit and run are often otherwise careful, law-abiding drivers. They panicked, did not realize they had made contact, or left a note that never reached the owner. The law treats leaving the scene seriously, but how your case is presented can make a real difference.

Marcus E. DeBose has defended San Diego clients since 2001. He takes the time to understand what happened and why, and then explains it to the prosecutor and the judge in a way that shows who you really are.

What California law requires after an accident

If you are involved in a collision, California law generally requires you to stop and exchange information, such as your name, address, driver's license and vehicle registration. If you hit an unattended car or other property, you are generally required to find the owner or leave a note with your contact information, and to report the accident to the police.

Property damage: Vehicle Code 20002

Leaving the scene of an accident that caused only property damage is generally a misdemeanor. These cases are common in parking lots and on busy streets, and they often involve modest damage.

Many of these cases may be resolved through a civil compromise. Under California law, the court may dismiss certain misdemeanor charges when the person who suffered the loss is paid back and confirms they have been satisfied. It is not automatic, and the judge decides, but it can be a path to a dismissal with no conviction on your record.

Injury: Vehicle Code 20001

Leaving the scene of an accident in which someone was hurt is more serious. It can be charged as a misdemeanor or a felony, depending on the facts and the seriousness of the injury. Early, careful handling of these cases matters, because the decisions made at the start can shape everything that follows.

Common defenses and issues

• You did not know a collision happened. The prosecution generally has to show you knew, or should have known, about the accident.
• You were not the driver. Many cases rely on a license plate or a partial description, and identification can be wrong.
• You did what the law required. You may have stopped, left a note or exchanged information in a way the police report does not reflect.
• You left for a safety reason. The circumstances at the scene can matter.

When alcohol may be involved

Sometimes a person leaves the scene because they are worried about a DUI. If the police suspect alcohol or drugs, you may face both charges at once, and the DMV may become involved. See DUI defense and the 10-day DMV hearing deadline.

Talk to Marcus

If you have been charged, or think you might be, book a free consultation. Meet Marcus at the Mission Valley office, or talk by phone or Zoom. He represents clients across San Diego County and southwest Riverside County. Hablamos español.