Autounfall 4It looks like David Cassidy is facing some legal problems arising out of an alleged hit and run accident where he was also driving on a suspended licence. During my 20 years of practice as a criminal defense attorney in Los Angeles, I have represented many persons charged with misdemeanor and sometimes felony hit and run charge. Sometimes hit and run charges arise out of a DUI incident but in many instances a criminal charge arises out of a person’s failure to understand their obligations to exchange information when an accident occurs.

1. Misdemeanor Hit and Run in California

In California a driver can be convicted of misdemeanor hit and run in violation of California Vehicle Code section 20002 if they were involved in an accident and:

a. They leave the scene of the accident;
b. Without identifying themselves to the other driver;
c. And there was property damage to the other driver’s vehicle.

Typically, confusion arises about what constitutes “identifying themselves to the other driver” element of a hit and run charge. If you hit another vehicle where the other driver is present, you must provide your name, address, insurance and registration information if requested. If you hit a parked car with no one present you must at least provide your name and address. In addition, if you are not the owner of the vehicle involved in the accident, you must provide the legal owner’s name and address. Regardless of who caused the accident, you must still provide the information required under California Vehicle Code section 20002.

Moreover, the penalties if convicted of misdemeanor hit and run include up to 6 months in jail and a $1000.00 fine. If you are charged with a misdemeanor hit and run, regardless if the accident occurred in Los Angeles, Pasadena, Ontario, Beverly Hills, West Covina or any other city in California, you should consult with an experienced criminal defense lawyer to avoid criminal penalties including a misdemeanor conviction.

2. Felony Hit and Run

Recently, I was retained by a person charged with hitting a pedestrian leaving the scene of the accident. It is a serious case and the client is facing possible manslaughter charges if the person does not survive the accident. The client is also facing felony and hit and run charges. Typically, felony hit and run charges are filed against a person who leaves the scene of the accident where a person was injured. Such cases can result in a violation of California Vehicle Code section 20001 which carries penalties of up to 4 years in state prison if the hit and run involved serious injury or death to another party.