Description

Leaving the scene of an accident without first identifying yourself to the other people involved is a crime. If no one was hurt you would be charged with Hit and Run. A Felony Hit and Run is charged when the driver of a vehicle leaves the scene of an accident which resulted in injury or death to another person. Even though called a Felony Hit and Run, depending upon the circumstances, the crime may be charged as a misdemeanor. Examples of Felony Hit and Run are rear-ending a person who sustains a bump on the head but driving away or making a left turn on a red light causing two other vehicles to crash or after a traffic accident and observing injury to the passenger of the other car and refusing to give personal identification information.

What does the prosecutor have to prove?

1. While driving, the defendant was involved in a vehicle accident;
2. The accident caused the death of or serious injury to someone else;
3. The defendant knew they had been involved in an accident that injured another person (or knew from the nature of the accident that t was probable that another person has been injured); and
4. The defendant willfully failed to perform one or more of the following duties:
(a) To immediately stop at the scene of the accident,
(b) To provide reasonable assistance to any person injured in the accident,
(c) To give to the person or occupants of any vehicle collided with at the scene of the accident all of the following information:
(I) Defendant’s name and current address,
(ii) registration number of the vehicle involved,
(iii) name and current address of owner of vehicle,
(iv) name and current address of any occupants of the defendant’s vehicle who were injured in the accident. [Cal Crim No. 2140]

Punishment

Felony: 16months/2years/3years
With probation 0-364 days
Misdemeanor: 0-364 days

 

Can this be charged as a felony or a misdemeanor (“wobbler”)?Yes
Is this charge a strike?No
Is this charge a “serious felony”No
Is this charge a “violent felony”No
Do I have to register as a sex offender if convicted?No
Do I have to register as a drug offender if convicted?No
Do I lose my right to own or possess a firearm if convicted?Yes
Do I lose my right to vote if convicted?Yes
Am I eligible for a local sentence (PC § 1170(h)) if convicted?No
Am I eligible for PC § 1000 drug diversion if convicted?No
Am I eligible for Prop. 36 drug diversion if convicted?No
Am I required to give a DNA sample if convicted?Yes
Is this charge considered a “crime of moral turpitude” for immigration purposes?Yes
Is this charge considered a “aggravated felony” for immigration purposes?May
Is this charge considered a “controlled substance violation” for immigration purposes?No
Is this charge considered a “domestic violence” for immigration purposes?No
Is this charge considered a “firearm conviction” for immigration purposes?No