Hit and Run VC 20002 – We help people charged with Hit & Run

• Did you get into an accident and leave the scene without exchanging information with the other driver?
• Did a Police Officer come by your house, leave their card, call you, or send you a letter wanting to talk to you or asking you to come down to the police station to talk about an accident you may have been involved in?
• Did your car get impounded after you were involved in an accident and your car is now in a tow yard and there is a police hold on your car and the police want to talk to you before they release the car to you?
• Did you receive a letter from the District Attorney, Office of the City Attorney, or City Prosecutor informing you that:-
  • a criminal complaint has been filed charging you with a violation of VC 20002(a) commonly known as Hit and Run Driving resulting in property damage,
  • and they want you to appear in court on a future date for an arraignment?

If you find yourself in any of these situations, please call (310) 285-1516 to speak to an experienced Hit and Run Lawyer who has been successfully helping people for over 25 years with their Hit and Run (VC 20002 (a)) cases.

We specialize in helping people keep the Hit and Run from going on their record.
Please call us anytime at (310) 285-1516 for advice and how we can help you with your Hit and Run case.

1. We will deal with and speak to the Police Officer investigating you, so you don’t have to talk to the Police or go to the Police Station.
2. If your car is impounded, we will help you get your car released.
3. If you are charged with a Hit and Run we will go to court for you so you don’t have to go to court on your first court date.
4. We want to help you get your misdemeanor Hit and Run charge dismissed, so it does not go on your record.
5. If you are charged with a misdemeanor Hit and Run typically your best option in court is to apply for Diversion.
6. We have an excellent track record of helping people get Diversion for their (VC 20002) Hit and Run Charge. Diversion means if you successfully do everything the Judge asks you to do, the Judge will dismiss the misdemeanor Hit and Run charge and you will not have a Hit and Run criminal conviction go on your record and you will also avoid the 2 DMV points going on your driver’s record.

IF YOU ARE CHARGED WITH A HIT AND RUN YOU WANT TO APPLY FOR DIVERSION BECAUSE DIVERSION IS A WAY TO GET THE HIT AND RUN (VC 20002) CHARGE COMPLETELY DISMISSED. SUCCESSFUL COMPLETION OF DIVERSION RESULTS IN NO CRIMINAL RECORD.

Diversion is a deferred prosecution program that you can apply for. If you are found eligible by the Judge for Diversion your Hit and Run case and prosecution are postponed to a future date. If you successfully do everything the Judge orders you to do, your Hit and Run Charge will be completely dismissed on the date the Judge continued your case to.

THERE ARE DIFFERENT KINDS OF DIVERSION

JUDICIAL DIVERSION

If you are charged with a Hit and Run in court you can apply for Judicial Diversion (Diversion granted by a Judge). The Judge and Prosecutor will determine if you are eligible for Judicial Diversion. If you are found eligible and granted Judicial Diversion by the Judge and successfully complete Judicial Diversion your Hit and Run charge will be dismissed. You typically apply for Diversion by filing a motion requesting Judicial Diversion. If the Judge grants you Judicial Diversion the prosecution of your Hit and Run will be postponed. If you successfully do everything the Judge orders you to do and do not pick up any new offenses typically after a year or two of diversion, the Judge will dismiss all the charges under Penal Code section 1001.95, so you don’t have a misdemeanor go on your record and you avoid the consequences of a criminal misdemeanor Hit and Run along with avoiding 2 DMV points going on your DMV record. The other nice thing about successfully completing Judicial Diversion under Penal Code Section 1001.97 is the arrest upon which diversion was imposed shall be deemed to have never occurred. We help people apply for Judicial Diversion so they can keep the misdemeanor Hit and Run Charge (VC 20002) from going on their record. Please call us at (310) 285-1516 for more information and help.

MILITARY DIVERSION

If you are a former or current member of the Military you may apply for Military Diversion under California Penal Code section 1001.80(a). If you can show the Judge, you meet the requirements of Military Diversion which include: 1) you are a former member or current member of a U.S. Military Branch 2) and you may be suffering from a post-traumatic stress disorder, substance abuse, traumatic brain injury, sexual trauma, or mental health problems as a result of your military service The Judge may place you on Military Diversion usually for a year or two and if you do everything the Judge asks you to do and follow a treatment plan and you do not commit any new offenses, the Judge will dismiss your Misdemeanor Hit and Run charge so that it does not go on your record.

MENTAL HEALTH DIVERSION

To apply for Mental Health Diversion for your Hit and Run charge you must meet the following requirements.

1. You are suffering from a mental disorder listed in the Statute Penal Code Section 1001.36
2. Your mental disorder was a significant factor in the commission of the Hit and Run
3. A qualified mental health expert evaluates you and determines that you would benefit from mental health treatment
4. You consent to Diversion and waive time for a speedy trial
5. You do not pose an unreasonable danger to public safety
6. And you have a treatment plan that will meet your mental health needs.

If you can show the Judge you meet all these requirements the Judge may place you on Mental Health Diversion for a year or two. Successful completion of Mental Health Diversion will result in the Hit and Run charges being dismissed.

IF YOU ARE CHARGED WITH A HIT AND RUN YOU WANT TO SEE IF YOU ARE ELIGIBLE FOR EITHER JUDICIAL DIVERSION, MILITARY DIVERSION, OR MENTAL HEALTH DIVERSION, BECAUSE SUCCESSFUL COMPLETION OF DIVERSION CAN RESULT IN THE DISMISSAL OF HIT AND RUN CHARGES THUS AVOIDING A CRIMINAL CONVICTION GOING ON YOUR RECORD and also avoiding the 2 DMV points going on your driver’s record.

We can help in Southern California

If you have a Hit and Run out of Los Angeles County, Orange County, Ventura County, Riverside County, San Bernardino County or Vista Courthouse in San Diego call for help and advice about your Hit and Run so we can help you.  We specialize in Hit and Runs and can help you in any courthouse in Southern California.  Call now (310) 285-1516 to speak to a Hit and Run lawyer.

Do you have an upcoming court date for a Hit & Run charge? Does your ticket say VC 20002 on it? If so please call us for help.

We can go to court for you so you don’t have to appear.
We will speak to the Judge and Prosecutor on your behalf and we will apply for Diversion for you because we want to help you keep the Hit and Run charge from going on your record.

• 1) knew he or she was involved in an accident
• 2) knew damage resulted from the accident
• and 3) knowingly and willfully left the scene of the accident
• 4) without giving the required information to the other driver.

It is not a crime to be involved in an accident. The crime of Hit and Run occurs when a driver leaves the scene of the accident without providing the required information to the other driver.

It does not matter who was at fault for the accident.

If you are involved in an accident and it’s determined to be your fault the DMV will put 1 DMV negligent operator point on your DMV record.
If you are charged with a Hit and Run in court and you are convicted of a Hit and Run charge in court the DMV will put 2 DMV negligent operator points on your DMV record for the Hit and Run Conviction.

If you successfully do Diversion in court you will avoid 2 DMV negligent operator points going on your DMV record from a Hit and Run conviction – Diversion does not remove the 1 DMV point for the accident if the DMV found you at fault for the accident. 

• An At Fault Accident, an accident that is your fault, will put 1 DMV Negligent Operator Point on your Driving Record.
• A Hit and Run Conviction (VC 20002) in court will put 2 DMV Negligent Operator Points on your Driving Record.
• If you are found at fault for the accident by the DMV and you are also convicted in court of a Hit and Run charge the DMV will put 3 DMV points on your record.

Please keep in mind if you get 4 DMV points in a 12-month period the DMV will want to suspend your license for 6 months.

The Police will then begin a Hit and Run investigation. The Police will look up the license plate number and find out who the registered owner of the car is. The Police then may go directly to the home address of the registered car owner seeking to talk to the owner of the car about the accident and examine their car for damage. Or the Police might instead mail a letter to the registered owner of the car involved in the Hit and Run accident asking them to come down to the Police Station or call the Police Officer to speak to them about the accident.

After their Hit and Run investigation if the Police have sufficient evidence that shows a driver left the scene of the accident without exchanging information with the other driver, they will forward the case to the District Attorney or City Attorney or City Prosecutor who will then most likely send a letter to the driver accused of the Hit and Run informing them criminal Hit and Run Charges have been filed against them and they must appear in court for their Hit and Run arraignment court date.

If you find yourself in this situation, please call us at (310) 285-1516 so we can help you.

1. A Hit and Run can be charged against a driver who left the scene of an accident causing property damage who did not exchange information with the other driver. It does not matter who is at fault or who caused the accident, the law requires drivers to stop after they are involved in an accident and exchange information. The Failure to stop and exchange information can result in Hit and Run misdemeanor charges being filed under Vehicle Code Section 20002(a).
2. After a Hit and Run, the Police will want to speak to the person who left the scene of the accident without exchanging information with the other driver. The Police may come by your house, they may call you or send you a letter requesting that you call them or come down to the police station to talk to them. We strongly recommend that if you were involved in an accident and you left the scene without exchanging information with the other driver that you do not speak to the Police at any time or go to the Police Station. Please call us at (310) 285-1516 because we can speak to the Police for you so you do not incriminate yourself and possibly make things worse for yourself.
3. A Hit and Run (VC 20002(a) is a Misdemeanor when the accident results in property damage only. Under VC 20002(a) the typical misdemeanor punishment for a Hit and Run conviction in court is probation, a fine, and paying for the damage sustained by the other car. If you plead guilty to a Hit and Run in court, a Hit and Run conviction will put 2 DMV points on your record which will negatively affect your insurance rates and driving record.
4. If someone was seriously injured in an accident and the driver did not stop at the scene of the accident and exchange information, the Hit and Run may be charged as a Felony (VC 20001). A Felony Hit and Run means the punishment is more severe and the driver faces State Prison as punishment. A Hit and Run that results in property damage only will be charged as a misdemeanor. A Hit and Run that results in an accident where someone is seriously injured will be charged as a Felony.
5. The DMV keeps a point system. If you cause an accident and the accident is your fault the DMV will put one point on your record for causing the accident. If you get convicted of a Hit and Run in court that conviction will put 2 DMV points on your driving record and you are then looking at 3 DMV points going on your record from a Hit and Run incident. If you get 4 DMV points in a 12 month period the DMV will send you a letter suspending your license for 6 months. This is another reason why you don’t want to plead guilty to a Hit and Run charge because it will put 2 DMV points on your record which will increase your insurance rates.
6. For many years a Civil Compromise was a way to get your Hit and Run Charge dismissed. A Civil Compromise is an agreement where you pay for the damage of the other person’s car and in exchange they agree to drop the criminal Hit and Run charges against you. Now many courts no longer allow Civil Compromises for Hit and Runs based on a ruling by a California Appellate Court in the People v. Dimacali case that ruled Civil Compromises should not apply to Hit and Runs anymore. Since Civil Compromises are no longer a good option in most courts, pursuing Diversion is probably the best option to try to keep the Hit and Run from going on your record.
7. Typically, if you are granted Diversion by the Judge your case will be continued for one or two years. You will most likely be ordered to pay for the other driver’s car damage, you might have to do some community service, or some other court ordered obligations and you will be ordered not to commit any new crimes. If you successfully do everything the Judge ordered you to do your Hit and Run Charge will be dismissed at the end of your diversion period. If you do not do everything the Judge ordered you to do or you are arrested or charged with a new crime the Judge may terminate Diversion and reimpose the Hit and Run Criminal Proceedings against you making things much more difficult and you most likely will lose out on an opportunity to get your charges dismissed.
8.  If you had car insurance at the time of the accident, it typically will help your case if your insurance company can pay for the damage you caused to the other car involved in the accident.

Your options in court include:-

1. Requesting a Jury trial where 12 Jurors would listen to all the evidence and then decide if you committed a Hit and Run
2. Pleading Guilty or No Contest to a Hit and Run charge
3. Or see if you can get Diversion to try and get your Hit and Run Charges dismissed.

Do you have to go to court for a Hit & Run charge (VC 20002)? Do you have to go to Department 60 at the Metropolitan Courthouse on 1945 South Hill Street, Los Angeles CA for your Hit & Run? If you have been charged with a Hit and Run and you have to go to a court in Los Angeles County, Ventura County, Orange County, Riverside or San Bernardino County or The Vista Courthouse in San Diego, please call (310) 285-1516 so we can help you with your Hit and Run case anywhere in Southern California.

Call now (310) 285-1516 to speak to a Hit & Run Lawyer with over 25 years of experience successfully helping people charged with a Hit & Run (VC 20002(a)).

This charge is a misdemeanormisdemeanorA criminal offense which is less serious than a felony (a criminal offense) which can result in at a minimum:-

Three points on your license

If you are charged with a Hit and Run (California Vehicle Code Section VC 20002), you are possibly facing:-

• 2 points for the Hit and Run
• plus 1 point for the accident
• for a total of 3 points on your license.

If you are charged with a DUI and a Hit and Run, you are potentially looking at 5 DMV points on your record.

If you are arrested for a DUI and at the same time also charged with a Hit and Run for hitting another car and leaving the scene of the accident without stopping you are looking at 2 misdemeanors and 4 or 5 DMV points going on your DMV record. You don’t want to plead guilty to both misdemeanors and put 4 DMV points on your record. Call (310) 285-1516 to discuss if you are in this situation and facing both a DUI and a Hit and Run charge in court.

• 4 points in one year
• 6 points in two years
• or 8 points in three years

– then the California DMV will want to suspend your license for 6 months for being a negligent operator, a driver with too many points.

A successful way to avoid 2 DMV points going on your record for a Hit and Run is to apply for and successfully complete Diversion.

Hit and Run Law in California

The Hit and Run Law in California is found in Vehicle Code Section 20002 which states:  
(a) The driver of any vehicle involved in an accident resulting only in damage to any property, including vehicles, shall immediately stop the vehicle at the nearest location that will not impede traffic or otherwise jeopardize the safety of other motorists. Moving the vehicle in accordance with this subdivision does not affect the question of fault. The driver shall also immediately do either of the following:

(1) Locate and notify the owner or person in charge of that property of the name and address of the driver and owner of the vehicle involved and, upon locating the driver of any other vehicle involved or the owner or person in charge of any damaged property, upon being requested, present his or her driver’s license, and vehicle registration, to the other driver, property owner, or person in charge of that property. The information presented shall include the current residence address of the driver and of the registered owner. If the registered owner of an involved vehicle is present at the scene, he or she shall also, upon request, present his or her driver’s license information, if available, or other valid identification to the other involved parties.

(2) Leave in a conspicuous place on the vehicle or other property damaged a written notice giving the name and address of the driver and of the owner of the vehicle involved and a statement of the circumstances thereof and shall without unnecessary delay notify the police department of the city wherein the collision occurred or, if the collision occurred in unincorporated territory, the local headquarters of the Department of the California Highway Patrol.

Judicial Diversion is in California Penal Code section 1001.95 which states

(a) A judge in the superior court in which a misdemeanor is being prosecuted may, at the judge’s discretion, and over the objection of a prosecuting attorney, offer diversion to a defendant pursuant to these provisions.

(b) A judge may continue a diverted case for a period not to exceed 24 months and order the defendant to comply with terms, conditions, or programs that the judge deems appropriate based on the defendant’s specific situation.

(c) If the defendant has complied with the imposed terms and conditions, at the end of the period of diversion, the judge shall dismiss the action against the defendant.

(d) If it appears to the court that the defendant is not complying with the terms and conditions of diversion, after notice to the defendant, the court shall hold a hearing to determine whether the criminal proceedings should be reinstituted. If the court finds that the defendant has not complied with the terms and conditions of diversion, the court may end the diversion and order resumption of the criminal proceedings.

(e) A defendant may not be offered diversion pursuant to this section for any of the following current charged offenses:

(1) Any offense for which a person, if convicted, would be required to register pursuant to Section 290.

(2) Any offense involving domestic violence, as defined in Section 6211 of the Family Code or subdivision (b) of Section 13700 of this code.

(3) A violation of Section 646.9.

Military Diversion is in California Penal Code section 1001.80

See link for this law section-100180-military-diversion-program

Mental Health Diversion is under California Penal Code Section 1001.36

Here is the link for the Mental Health Diversion Statute

https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=1001.36.&lawCode=PEN