A traffic accident can become a criminal case when a driver is accused of leaving the scene without complying with duties imposed by California law.
Hit-and-run allegations can arise from accidents involving parked cars, property damage, injuries, pedestrians, cyclists, or collisions between vehicles. In more serious cases, a driver may face felony charges when another person was injured or killed.
Fresno criminal defense attorney Gregory W. Fox has more than 20 years of experience defending individuals accused of criminal offenses throughout Fresno and Central California, including hit-and-run and DUI-related cases.
Hit-and-Run Charges in California
California law distinguishes between accidents involving property damage and accidents involving injury or death.
The specific obligations imposed upon a driver depend upon the circumstances of the collision.
A hit-and-run investigation may involve allegations that a driver failed to stop, provide required identifying information, render legally required assistance, or otherwise comply with obligations following a collision.
Because the requirements and potential charges vary according to the facts, the circumstances surrounding the accident should be carefully examined.
Misdemeanor Hit and Run
Cases involving damage to another vehicle or other property may result in misdemeanor hit-and-run allegations.
These cases frequently arise from:
- Collisions with parked vehicles
- Minor traffic accidents
- Damage to fences, signs, or other property
- Parking-lot collisions
- Accidents where drivers disagree about whether damage occurred
Even when an accident appears relatively minor, leaving the scene without complying with applicable legal requirements can create criminal exposure.
Felony Hit and Run
The potential consequences become more serious when another person suffers injury or death.
An injury accident may result in felony allegations depending upon the circumstances.
These cases require careful examination of what the driver knew, what occurred immediately following the collision, the nature of any injuries, and the evidence identifying the person who was driving.
The Prosecution Must Establish Who Was Driving
Ownership of a vehicle does not necessarily establish who was driving it at the time of an accident.
Hit-and-run investigations may rely on:
- Witness identification
- Surveillance cameras
- Traffic cameras
- Vehicle damage
- License-plate information
- Cellphone records
- Statements by the registered owner
- Statements from passengers or other witnesses
When identity is disputed, the reliability of this evidence can become a central issue.
Knowledge Can Be an Important Issue
Hit-and-run cases may also involve questions concerning what the driver knew about the accident and its consequences.
Some collisions are obvious. Others may involve disputed or relatively minor contact.
The specific knowledge required depends upon the offense charged, making the driver’s awareness of the collision and surrounding circumstances potentially important to the defense.
Hit and Run and DUI Investigations
Some hit-and-run investigations also involve allegations of driving under the influence.
Law enforcement may attempt to locate the driver after an accident and investigate whether alcohol or drugs were involved.
These cases can raise additional questions about:
- Who was driving
- When the person allegedly consumed alcohol
- The timing of police contact
- Statements made to officers
- Field sobriety testing
- Breath or blood testing
- Whether the prosecution can establish impairment at the time of driving
A DUI allegation and a hit-and-run allegation should each be evaluated based on their own required elements and evidence.
Defenses to Hit-and-Run Charges
Potential issues may include:
- The defendant was not the driver
- Lack of knowledge of the collision
- Lack of knowledge concerning injury or property damage where legally relevant
- Mistaken eyewitness identification
- Unreliable surveillance or vehicle identification
- Insufficient evidence
- Statements obtained in violation of constitutional rights
- Factual disputes concerning what occurred after the accident
The appropriate defense depends upon the exact offense and evidence.
Contact a Fresno Hit & Run Defense Attorney
A hit-and-run investigation can become more serious when injuries, DUI allegations, or other criminal charges are involved.
If police contact you about an accident, consider obtaining legal advice before making statements about who was driving or what occurred.
Gregory W. Fox personally handles his clients’ criminal cases and represents individuals facing misdemeanor and felony charges throughout Fresno and Central California.
If you have been arrested, charged, or are under investigation for hit and run in Fresno, call (559) 222-5800 to request a consultation.