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Nicholas W.

William R.

Criminal Defense Experience - 40+ Years

Are there defenses to misdemeanor “Hit and Run”?

There are defenses to “hit and run“.  They include not hitting and not running.  You have a duty to exchange information in any property damage accident where someone else’s property was damaged regardless who is at fault.  If there was no damge, other than to your vehicle, then there is no obligation to exchange information.  The problem arises if there is damage to property but you do not how to give the information to the owner like when you run off the road and destroy signs, or landscaping.  You can report it to law enforcement, leave a note and contact the agency or property owner.  This scenario is often seen when traffic signs or road barriers are damaged.

The most common “hit and run” is hitting parked cars.  Many people who have been drinking will drive or run away.  Often there are witnesses or if you left your car, you will be contacted by Police and cited with misdemeanor hit and run. It may be a defense or at least a mitigating factor if it is impossible or very difficult to notify the property owner based on the type of property or ownership information.  Restitution plays a huge role in the resolution of these cases.  If you had insurance that is handling the claim or you pay for the damage, that can often help resolve your case with lesser charges or sometimes even a dismissal.   

Misdemeanor “hit andrun” carries significant fines and up to 6 months jail, as well as possible suspension of license.  It is important you contact an experienced Criminal Defense Attorney as soon as possible.  An attorney can also help you avoid being arrested and help get your vehicle out of impound as well as make all the Court appearances without you.  Call Christoph Law Offices at 760-941-5720 for a free consultation and evaluation of you case.  We have handled DUI and Criminal cases for over 32 years across from the Vista Courts and can help you get the best result in your case.

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Member: San Diego Bar Association, North County Bar Association, American Bar Association, California Attorneys for Criminal Justice
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