A DUI with a “hit and run” charge in Vista is serious. There are a number of issues to be addressed that depend on the evidence against you for each charge. The DUI requires proof beyond a reasonable doubt that at the time you were driving you were under the influence of alcohol and/or a drug , or .08 blood alcohol level or more. Drinking after driving can be a defense because it becomes impossible to show what your blood alcohol level was at the time of driving. However, if you were stopped while driving and over a .08 or under the influence, it does not matter whether you drank after the hit and run. Any DUI within 10 years of a prior, offense date to offense date, is a second offense for purposes of sentencing and carries significantly greater penalties than a first offense.
There is a possible 4 month suspension on a first offense DUI and a one year loss of license by DMV for 2nd offense conviction and also as a result of being .08 or more at the time of driving. You do have a right to A DMV Hearing to challenge the suspension for the .08 or more as indicated in the pink Notice of Suspension and temporary license if you set it within 10 days of the incident. Regardless, the conviction will cause a one year suspension on a decond offense. However, if you were not on probation on your first DUI, you would be eligible for a restricted license after 90 days. If it is a first offense you can get a restricted license after 30 days.
The “hit and run” misdemeanor property damage requires evidence like a witness, paint transfer and damage, that you drove a vehicle damaging property and failed to provide information, including insurance, name and address of the driver, owner of the vehicle, or contact law enforcement concerning the incident. If no one is there, you must leave a note in a conspicuous place with the info. If, based on the physical evidence or witness statements they can prove you were involved and failed to do as required by law and left. Restitution is always important in these cases, and often a negotiated settlement can result in lesser charges or a dismissal.
An attorney can make all the appearances without you. Christoph Law Offices have over 40 years in combined experience handling DUI and “Hit and Run” cases. We have been across the street from Vista Courts for over 30 years and deal on a daily basis with North County District Attorneys, Judges and Court personnel, call for a free consultation and evaluation 760-941-5720.
