eliasmunozlaw

The strategy in presenting a defense can make a world of difference…

Hit & Run, Racing and Reckless Driving

Hit and Run:

Hit and Run refers to the crime of leaving the scene of an accident without identifying yourself to the other parties involved and causing damage to property, or injury, or both.  The difference between a misdemeanor “hit and run” and a felony “hit and run” is determined by whether an injury to a person has occurred.  If there is bodily injury to a person, the crime becomes a felony. What most people don’t realize is that they may have committed these crimes even if they 1) were not at fault in an accident, 2) were injured in the accident, and 3) regardless of how minor the damage to property may be. It also applies if the property damaged is other than the other party’s car (e.g., bicycle, fence, etc.).  In some cases, a person may also be charged if he/she caused the accident even though his/her car did not collide with property or a person.  An experienced defense attorney may make a world of difference in your case.  There may be legal defenses to assert or defeat one of the elements necessary for the prosecution to prove.  For example, “causation” or your identity may be key elements that the prosecution cannot prove beyond a reasonable doubt, or you may lack the required state of mind in knowing that you caused the injury or damages.  A successful defense may get you an acquittal, lowering of charges, or even a dismissal.

Racing:

California made it illegal to race against another vehicle or a timing device.  This is called a “speed contest” or racing. It is a misdemeanor for first-time offenders generally but may be charged as a felony for a second-time offender or if a person is injured as a result of the contest.  Although the 1950s and 1960s street racing scenes are not as common anymore, many young drivers still find pleasure in the thrill of testing the limits of their vehicles and that of their opponent, in many ways.  We review the facts, provide an analysis, determine whether defenses apply, and develop a strategy to minimize the effect these charges may have on your future.  A conviction may affect your insurability, driving privileges, or even a job offer that relies on having a clean driving record.