Felony Hit and Run
What counts as a violation of Vehicle Code § 20001(a)?
Vehicle Code § 20001(a) states that the driver of a vehicle involved in an accident resulting in injury to another person, or in the death of another person, must immediately stop the vehicle at the scene of the accident and must fulfill the requirements of Vehicle Code § 20003 and Vehicle Code § 20004.
What are the requirements for a driver involved in a traffic accident under Vehicle Code § 20003?
- Driver’s Contact Information
Under Vehicle Code § 20003, the driver of any vehicle involved in an accident that results in injury to or the death of another person must give his or her contact information to 1) the person struck, or to the driver or occupants of any vehicle struck, and 2) any traffic or police officer at the scene of the accident. This information includes all of the following:
- Name
- Current residence address
- The names and current residence addresses of any occupant of the driver’s vehicle injured in the accident
- The registration number of the vehicle he or she is driving
- The name and current residence address of the owner
- to the person struck or the driver or occupants of any vehicle collided with, and shall give the information to any traffic or police officer at the scene of the accident
2. Provide Assistance to Injured Person(s)
Under Vehicle Code § 20003, the driver must also reasonably assist any person injured in the accident. This includes transporting, or making arrangements for transporting, any injured person to a physician, surgeon, or hospital for medical or surgical treatment if it appears that the person needs medical treatment or if the injured person asks to be taken to the hospital.
3. Provide Driver’s License if Requested
Under Vehicle Code § 20003(b), if the person struck by another driver requests to see his or her driver’s license after a traffic accident, the driver and injured occupant of the driver’s vehicle must provide his or her driver’s license, if available. In the case of an injured occupant, the person may provide any other available identification to the person struck or to the driver or occupants of any vehicle collided with, and to any traffic or police officer at the scene of the accident.
What are the reporting requirements under Vehicle Code 20004 when a traffic accident results in a death?
Under Vehicle Code § 20004, if a driver causes the death of another person as a result of a traffic accident, the driver must do the following:
- Fulfill all of the requirements under Vehicle Code § 20003
- If there are no officers on the scene, immediately report the accident to the nearest CHP office or police station
- Submit the report with the information required by Vehicle Code § 20003
What is the punishment if the accident does not result in serious injury or death to another person under Vehicle Code § 20001(b)?
A violation of Vehicle Code § 20001(a) is punishable under Vehicle Code § 20001(b) by imprisonment in state prison, or in a county jail for not more than one year, or by a fine of not less than one thousand dollars ($1,000) nor more than ten thousand dollars ($10,000), or by both that imprisonment and fine.
What is the punishment if the accident resulted in serious injury or death to another person under Vehicle Code § 20001(b)?
If the accident results in death or permanent, serious injury, a person, the punishment is imprisonment in the state prison for two, three, or four years, or in a county jail for not less than 90 days nor more than one year, or by a fine of not less than one thousand dollars ($1,000) nor more than ten thousand dollars ($10,000), or by both that imprisonment and fine. However, the court, in the interests of justice and for reasons stated in the record, may reduce or eliminate the minimum imprisonment.
What is the punishment for a “Felony Hit and Run” under Vehicle Code § 20001(c)?
If a person flees the scene of the crime, the violation is a felony and the person may be punished by an additional term of imprisonment of five years in state prison.
What defenses are available to Vehicle Code § 20001?
- The accident did not result in an injury or death to another person
- It was not safe to immediately stop your vehicle after the traffic accident
- You were a passenger rather than the driver of the vehicle
