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. This page explains what California law requires after a collision, the difference between a property damage case and an injury case, how these cases often start, how civil compromise and other resolutions can work, how a hit and run can connect to a DUI investigation, and what you can do right now. 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.
Your duties after a collision in California
California's hit and run laws are really laws about what a driver must do after a collision. The duties apply to any driver involved in the accident, whether or not that driver caused it. A driver who was not at fault for the collision can still be charged for leaving without doing what the law requires.
When another person or an occupied vehicle is involved
If you are involved in a collision with another vehicle or person, California law generally requires you to:
- Stop at the scene, or as close to it as is reasonably safe.
- Give your name and current address, and the name and address of the vehicle's owner if it is not you, to the other driver or anyone injured, and to any officer at the scene.
- Show your driver's license and vehicle registration if asked.
- Provide reasonable assistance to anyone who is injured, including arranging transport for medical care if it is clearly needed or requested.
In collisions where someone is injured, the driver may also need to make a written report to the police or the California Highway Patrol within a short time if no officer investigated at the scene.
When you hit a parked car or other property
If you hit an unattended vehicle, the law generally requires you to stop and either find the owner and give your name and address, or leave a written note in a place where it can be seen, with your name, address and a short statement of what happened. You must also notify the local police department, or the California Highway Patrol if the collision happened in an unincorporated area, without unnecessary delay. Similar duties apply when you damage fences, signs, landscaping or other property next to the road.
Not just on public streets
These duties are not limited to freeways and public roads. Many hit and run cases in San Diego involve parking lots, garages and driveways, where the same basic obligations generally apply.
Moving to a safe spot
Stopping does not have to mean blocking a freeway lane. Moving to the shoulder or the nearest safe location, and then fulfilling the duties, is generally consistent with the law. Problems arise when a driver keeps going and does not come back. Where exactly a driver stopped, and for how long, can become important in a case, so it is worth writing down while your memory is fresh.
Property damage: Vehicle Code 20002
Vehicle Code 20002 covers collisions that cause damage to property only, such as another car, a fence or a building, with no one injured. A violation is generally a misdemeanor.
These are among the most common hit and run cases. They often involve a scrape in a parking lot, a tap while parallel parking, a sideswipe in slow traffic, or a collision with a parked car late at night. The damage is often modest, and the driver often did not appreciate that there was any damage at all, or believed the other driver had agreed to drive away.
What a conviction can involve
A misdemeanor conviction under VC 20002 can include probation, fines, restitution to the owner for the damage, and in some cases jail, although many property damage cases are resolved without custody. It also adds points to your driving record and creates a criminal record that can appear on background checks.
Why these cases are often resolvable
Because the harm in a property damage case is usually financial, many of these cases can be resolved by making the owner whole. California's civil compromise law, discussed below, can allow a court to dismiss certain misdemeanor charges once the person who suffered the loss has been paid and acknowledges it. That possibility is one of the main reasons to get advice early, before the case moves too far along.
Common situations
- A driver backs out of a space, feels a slight bump, sees no damage and leaves.
- Two drivers talk briefly after a minor collision, one says it is fine, and both drive off, only for a report to be filed later.
- A driver leaves a note on a windshield that is later lost or blown away.
- A driver hits a fence, sign or landscaping at night and intends to report it the next day.
Each of these can lead to a charge, and each raises different questions about knowledge, compliance and what the evidence shows.
Injury: Vehicle Code 20001
Vehicle Code 20001 applies when a driver is involved in a collision that results in injury to another person and does not stop and fulfill the duties described above. It is more serious than a property damage case and can be charged as either a misdemeanor or a felony, depending on the facts, including the seriousness of the injury.
What makes these cases more serious
The penalties under VC 20001 can include custody, probation, significant fines and restitution for medical costs and other losses. The law provides for heavier penalties when the injury is serious or permanent. A conviction can also lead to the DMV revoking your driver's license. Because these charges can be filed as felonies, they can carry long-term consequences for employment, professional licenses and immigration status.
Felony or misdemeanor
When a charge can be filed either way, the prosecutor's charging decision, and the information the defense presents early in the case, can matter a great deal. The extent of the injury, whether the driver returned or came forward, the driver's record and the circumstances at the scene all play a role. Felony cases also include a preliminary hearing, where a judge decides whether there is enough evidence to hold the case for trial. See felony defense for more about how felony cases work.
Early, careful handling of these cases matters, because the decisions made at the start can shape everything that follows.
Returning or coming forward later
Some drivers leave in a panic and then return to the scene, call the police, or contact the other driver within hours or days. Coming back later does not undo the original failure to stop, but it can be relevant to how prosecutors and judges view the case, and sometimes to whether the driver understood what had happened. If you are considering coming forward, it is usually better to do so with an attorney's guidance than on your own.
Injuries reported later
Sometimes a collision looks minor at the scene, and a claim of injury is made only later. Because VC 20001 generally requires that the driver knew, or should have known, that the collision was the kind likely to cause injury, a later injury claim does not automatically turn a property damage case into an injury case. The medical records, the timing and the nature of the collision all matter.
What the prosecution generally has to prove
To convict someone of hit and run, the prosecution generally has to prove several things beyond a reasonable doubt:
- You were driving a vehicle that was involved in the collision.
- The collision caused damage to someone else's property, or, for VC 20001, injury to another person.
- You knew you had been involved in a collision that caused damage or injury, or you knew the collision was of a kind that would reasonably be expected to cause damage or injury.
- You willfully failed to perform one or more of the required duties, such as stopping, exchanging information, leaving a note or providing reasonable assistance.
Knowledge is often the key issue
The knowledge element is where many hit and run cases are won or lost. Modern cars are well insulated, music and road noise are loud, and a light contact with a bumper may not be felt at all, especially in a larger vehicle. The prosecution does not have to prove that you actually saw the damage, but it generally has to show that you knew, or that the circumstances were such that you should have known, that a collision likely caused damage or injury.
Fault is not an element
The prosecution does not have to prove you caused the collision. Equally, being at fault for a collision is not a crime in itself. The charge is about what happened after the collision, which is why the details of those few minutes matter so much.
How hit and run cases usually start
Many hit and run cases do not begin with an arrest at the scene. More often, the investigation starts later, from evidence such as:
- A license plate written down or photographed by the other driver or a witness.
- Video from a parking lot, business, doorbell or dash camera.
- Vehicle damage or paint transfer that matches the other car.
- An insurance claim filed by the other party, or by you.
- A report made by the other driver, a witness or the property owner.
The first contact is often a phone call, a letter or a visit from an officer who wants to "get your side of the story." The officer may already have the plate number and want to confirm who was driving. Anything you say in that conversation can be used as evidence, including statements that seem harmless, such as confirming you were in the area.
When the registered owner was not the driver
A plate tells the police who owns a car, not who was driving it. Family members, partners, employees and friends often share vehicles. Investigators sometimes start with the registered owner and work from there, so being contacted does not necessarily mean you are the person they are looking for.
If charges have not been filed yet
The period between the collision and a filing decision can be an important window. In some cases an attorney can contact the investigator or the prosecutor, provide information that puts the incident in context, and work toward resolving the other party's losses. That early work does not guarantee any particular result, but it can sometimes affect whether charges are filed and what they are.
Call before you explain. If an officer or the other driver contacts you, you do not have to explain what happened on the spot. You can politely say you would like to speak with an attorney first. Talk to Marcus at (619) 876-0992.
Civil compromise and other resolutions
Hit and run cases often have more possible outcomes than people expect. Which ones are available depends on the charge, the facts, the court and the person.
Civil compromise
California Penal Code 1377 and 1378 allow some misdemeanor charges to be resolved by civil compromise. When the person who suffered the loss could also bring a civil lawsuit, and that person appears before the court and acknowledges in writing that they have received satisfaction for the injury, the court may, in its discretion, dismiss the charge. A dismissal through civil compromise generally bars a later prosecution for the same offense.
Civil compromise is most commonly used in property damage hit and run cases under VC 20002. It is not automatic, the judge decides, and the prosecutor may oppose it. It also requires the other party's cooperation. But when it works, it can lead to a dismissal with no conviction. Paying for the damage through an attorney, with the proper documentation, is different from paying the other driver directly, and it is worth getting advice before you make any payment.
Misdemeanor diversion
California's misdemeanor diversion law, Penal Code 1001.95, allows a judge to offer diversion in many misdemeanor cases. If you complete the conditions the court sets, which can include paying restitution, the charge can be dismissed. Whether diversion is offered depends on the judge and the facts of the case.
Reductions and negotiated outcomes
In other cases, the defense may be able to negotiate a reduction to a less serious offense, a resolution that avoids custody, or an outcome that limits the effect on your driving record. For felony injury cases, the defense may be able to argue for a misdemeanor filing or a reduction later in the case. For more on misdemeanor cases generally, see misdemeanor defense.
Restitution
In California, a person convicted of a crime is generally ordered to pay restitution for the victim's financial losses caused by the offense. In a hit and run case this can include vehicle repairs, property damage, medical expenses and lost wages. Insurance may cover some or all of these losses. Addressing restitution early, and documenting it properly, can help with resolution discussions and can be an important part of a civil compromise.
When a hit and run connects to a DUI
Sometimes a driver leaves the scene because they are worried about being arrested for DUI. Police and prosecutors are aware of this, and in many hit and run cases they look closely at whether alcohol or drugs played a role.
Two charges at once
If the police suspect impairment, a hit and run charge can be filed together with a DUI charge. If someone was injured, the DUI may be charged under Vehicle Code 23153, DUI causing injury, which can be a felony. A DUI arrest also starts a separate DMV case with a 10-day deadline to request a hearing. See DUI defense and the 10-day DMV hearing deadline.
When there was no test
When a driver is contacted hours or days later, there is often no breath or blood test from the time of driving. The prosecution may instead try to use witness descriptions, receipts, video from a bar or restaurant, or the driver's own statements. Evidence of drinking after the driving can also complicate any later test result. These cases often turn on what the evidence actually shows about the time of the collision, rather than assumptions.
Why statements matter even more here
In a case with a possible DUI component, an innocent-sounding explanation such as "I had a couple of drinks with dinner" can become central evidence. That is one more reason to speak with an attorney before answering questions. For more about what follows a DUI arrest, read what happens after a DUI arrest.
Insurance, license points and the DMV
Insurance
Most auto insurance policies require you to report a collision and cooperate with the insurer. At the same time, statements to an insurance company, especially recorded statements about what happened and when you realized it, can end up as evidence in a criminal case. It is often wise to talk to an attorney before giving a recorded statement, so that you can meet your obligations under the policy without hurting your defense. Insurance can also be a practical way to pay for the other party's damage, which can matter for civil compromise and restitution.
The DMV accident report
Separately from any police report, California generally requires drivers to report a collision to the DMV within 10 days if anyone was injured or killed, or if property damage was more than 1,000 dollars. This is often called an SR-1 report. Failing to file it, or lacking insurance at the time of the collision, can lead to a license suspension. What you write on the form can also matter, so consider getting advice before you file it.
License points
A hit and run conviction adds two points to your California driving record. Points add up, and drivers who collect too many in a set period can be treated as negligent operators and face a suspension. A conviction under VC 20001 for an injury collision can also lead to the DMV revoking your license.
Commercial drivers
For commercial drivers, leaving the scene of an accident is treated as a serious offense that can lead to the loss of commercial driving privileges for a period, even when the collision happened in a personal vehicle. Anyone whose job depends on a license should raise this at the start of the case.
Defenses and issues an attorney reviews
Every case is different, but these are some of the issues Marcus looks at in a hit and run case:
You did not know a collision happened
As discussed above, knowledge is a central element. The location of the damage, the size of the vehicles, the speed, road noise, weather and lighting can all help show whether a driver knew, or reasonably should have known, about the collision.
You were not the driver
Many cases rely on a license plate, a partial description, or a brief look at a car in motion. Identification can be wrong, plates can be misread, and the registered owner is not always the person behind the wheel.
You did what the law required
You may have stopped, talked with the other driver, exchanged information or left a note in a way the police report does not reflect. Notes blow away, the other driver may have said everything was fine, or the exchange may have been incomplete for reasons outside your control. Text messages, phone records and witnesses can help show what really happened.
You left for a safety reason
The circumstances at the scene can matter. A hostile confrontation, a dangerous location, or a medical emergency may explain why a driver moved away from the scene, especially if the driver later tried to report the collision or contact the other party.
There was no damage or injury
The charge requires damage to property or injury to a person. Pre-existing damage, damage that does not match the collision, or claims of injury that are not supported by the evidence can all be relevant.
How the evidence was gathered
Statements, identifications and searches must follow the rules. A suggestive identification procedure or a statement obtained improperly may be challenged in some cases.
Video and physical evidence
Video from nearby businesses, parking structures and other cars can show how a collision actually happened, how hard the contact was and what each driver did afterwards. This footage is often recorded over after a short time, so it may need to be requested quickly. The damage to both vehicles can also tell its own story, which is one reason not to repair your car before getting advice.
How hit and run cases move through San Diego courts
Hit and run cases in San Diego County are heard by the Superior Court, often at the courthouse serving the area of the collision: the Central Courthouse downtown, the East County Regional Center in El Cajon, the South County Regional Center in Chula Vista or the North County Regional Center in Vista. Misdemeanors that happen inside the City of San Diego are generally prosecuted by the City Attorney's Office, and misdemeanors elsewhere in the county, along with felonies, by the District Attorney.
- Investigation and filing. Many cases are investigated for some time before charges are filed. An attorney can sometimes communicate with the investigator or prosecutor before a filing decision is made.
- Arraignment. The first court date, where the charges are read and a plea is entered. In many misdemeanor cases an attorney may appear for you. See what to expect at an arraignment.
- Pretrial conferences. The defense reviews the evidence and discusses resolution with the prosecutor, including civil compromise, diversion or a reduced charge where appropriate.
- Preliminary hearing, in felony injury cases.
- Motions and trial. If the case does not resolve, the defense can challenge evidence and take the case to trial.
- Sentencing and restitution. If there is a conviction, the court imposes a sentence and generally orders restitution for the other party's losses.
Clients in southwest Riverside County, including Temecula, Murrieta, Lake Elsinore, Menifee and Perris, have their cases heard at the Southwest Justice Center in Murrieta, where Marcus also appears.
How long it takes
Many misdemeanor hit and run cases resolve within a few months, especially when civil compromise or restitution can be arranged early. Felony injury cases, and cases involving disputed identification or a DUI, often take longer. Time spent gathering evidence and resolving the other party's losses is often time well spent.
What to do right now
Whether you just left a scene and are worried, or an officer has already contacted you, these practical steps can help protect your position:
- Talk to an attorney before you talk to the police. You can politely decline to answer questions until you have legal advice.
- Do not contact the other driver or owner directly about the collision. Apologies and offers to pay can be used as evidence. An attorney can handle that contact properly.
- Do not repair or dispose of the vehicle before getting advice. Its condition may be important evidence for your defense.
- Write down what you remember: the time, the location, what you heard or felt, who you were with and what happened afterwards.
- Save evidence such as photos, texts, receipts and the names of anyone who was with you.
- Notify your insurer as your policy requires, but consider getting advice before giving a recorded statement.
- Keep track of deadlines, including any DMV report and, if there was a DUI arrest, the 10-day deadline to request a DMV hearing.
- Do not post about it on social media or discuss it by text.
Coming forward with an attorney, rather than waiting to be found, can sometimes help in how a case is viewed. Whether that is the right step depends on the facts, which is something to decide with legal advice.
Other consequences, and clearing your record
A hit and run conviction can affect more than your driving record.
- Jobs and professional licenses. A conviction can appear on background checks, and some licensed professionals have reporting obligations to their boards.
- Immigration. Non-citizens should get advice about how a conviction may affect their status, particularly in felony injury cases. Tell your attorney about your status at the start, and consult an immigration attorney.
- Military careers. Service members may face command action in addition to the court case. Current and former service members may be eligible for military diversion in some misdemeanor cases.
- Civil claims. The other party can bring a civil claim for damages, separately from the criminal case.
- Students. Colleges and universities may have conduct policies that apply to off-campus criminal matters.
If you are convicted, many hit and run convictions can later be dismissed under Penal Code 1203.4 once probation is complete. In some cases, it may be possible to ask for probation to end early. See record sealing and expungement for more on the options.
Working with Marcus
Marcus E. DeBose has defended San Diego clients since 2001. Early in his career he carried a caseload of 125 felony cases at one time, and he has won multiple "Not Guilty" verdicts at jury trial. He is a partner at Tegnelia & DeBose, APC, the firm behind Email My Lawyer.
Many of his clients have never been in trouble before. In a hit and run case, he starts with a long first conversation to learn exactly what happened, what you saw and felt, what you did afterwards and why. Then he reviews the evidence, looks for the resolution that fits your situation, and tells your story to the prosecutor and the judge.
You work with Marcus directly and can reach him day or night. He represents clients across San Diego County and southwest Riverside County, and he is bilingual in English and Spanish. Hablamos español.
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. You can also learn more about Marcus or see all of his criminal defense practice areas.
This page is general information about California law, not legal advice for your situation. Every case is different, and past results do not guarantee a similar outcome.