Hit-and-run car accidents are all too common in California. With so many highways through our state, a high population, and strict vehicle codes, someone is arrested for a hit-and-run accident every day. Today we are going to cover the specific evidence a prosecutor will need to convict you. If you have questions or have been charged with this crime and require a free legal consultation, contact Law Office of Michael L. Fell at (949) 585-9055 right away.

The Basics

If you are charged with a hit and run violation, the prosecutor must prove several elements beyond a reasonable doubt. They must prove that you were driving and were involved in an accident, that the accident in question caused property damage, that you knew (or should have known) that you were in an accident, and that you left the scene of the accident. Note that they must prove all of this – if they can only prove three out of four, then they have not met their burden of proof.

We Might Work to Show that You Were Not the Driver

Fighting your case generally involves showing that one or more of the elements of the prosecution is not accurate. One option is to show that you were not the driver. This might mean that you were a passenger in the vehicle, that someone took your vehicle without you realizing it, or that you were not involved at all, and it is a matter of mistaken identity.

We Might Work to Show That You Did Not Know or Could Not Have Known You Were in an Accident

Showing that you did not know you were in an accident is not enough in and of itself. We must also show that you could not have known. For example, if you were in a large vehicle and you clipped the back corner of Fiat’s bumper, it is entirely possible that you had no idea you hit the car. We will assess the specifics of your case to determine whether you knew or should have known.

We Might Work to Show That You Did Not Damage Anyone’s Property

If you hit a car and there is no damage, then you are under no legal obligation to stop and inform the owner of the vehicle. This is often the case when a vehicle slightly bumps another when parallel parking. Vehicles have bumpers for a reason – to prevent damage in these situations. If you did not damage their car, then you did not commit a crime.

If you have been charged with a hit and run or any type of DUI offense, you should contact an attorney as soon as possible. You can reach Law Office of Michael L. Fell at (949) 585-9055 for a free legal consultation.