Hit and Run in California: VC 20001 vs. VC 20002

A hit and run charge often starts with a moment of panic: a minor collision, fear of being arrested for something else, or simply not realizing anything was damaged. California treats leaving the scene seriously, and the charge you face depends on whether anyone was hurt. Here is what the law requires and how these cases are defended in Orange County.

What does California law require after a car accident?

Every driver involved in a collision must stop immediately at the scene, regardless of who caused it. What you must do next depends on what happened:

• Property damage only: give your name and current address, and the vehicle owner's name and address if the car is not yours, to the other driver or the property owner. If the property is unattended, such as a parked car, leave a written note with that information where it can be seen, and notify the local police or the California Highway Patrol without unnecessary delay.
• Injury or death: stop, and provide your name, address, driver's license, and vehicle registration information to the people involved and to any officer at the scene. You must also give reasonable assistance to anyone injured, including arranging transport for medical care when it is needed or requested.

Separately, the DMV requires an SR-1 report within 10 days of any crash involving an injury, a death, or more than $1,000 in property damage.

What is the difference between VC 20001 and VC 20002?

Vehicle Code 20002 covers crashes that damaged only property, such as another car, a fence, or a parked vehicle. It is a misdemeanor punishable by up to six months in county jail and a fine of up to $1,000, along with probation and restitution for the damage. A conviction also adds two points to your DMV record.

Vehicle Code 20001 applies when anyone other than you was injured or killed. It is a "wobbler," meaning prosecutors can file it as a misdemeanor or a felony:

• As a misdemeanor: up to one year in county jail and a fine of $1,000 to $10,000.
• As a felony: 16 months, two years, or three years in prison, and a fine of $1,000 to $10,000.
• With death or permanent, serious injury: two, three, or four years in prison.

A VC 20001 conviction can also lead to the loss of your driver's license. If a driver commits vehicular manslaughter and then flees, the law adds a consecutive five-year prison term.

Does it matter who caused the accident?

No. The duty to stop and exchange information applies to every driver involved, including one who did nothing wrong. A driver with no fault for the crash can still be convicted of hit and run for leaving. Fault does matter for related charges, though, and it often shapes how a prosecutor views the case.

Can paying for the damage get a hit and run dismissed?

Not through a civil compromise anymore. California's civil compromise statutes allow some misdemeanors to be dismissed when the victim is paid and agrees. In People v. Dimacali (2019), a California Court of Appeal held that this does not apply to misdemeanor hit and run, because the crime is leaving the scene rather than causing the damage.

Paying restitution early still helps. It shows responsibility and gives your attorney leverage to negotiate a reduced charge or misdemeanor diversion, which can end in a dismissal.

What are the defenses to a hit and run charge?

• You did not know about the collision. The prosecution must prove you knew you were involved in an accident that caused damage or injury. Light contact in a parking lot, at night, or in a large vehicle is often missed.
• You were not the driver. Many cases rest on a license plate, a partial description, or the registered owner. Owning the car does not prove you were driving it.
• You did stop and share information. After a stressful crash, witnesses are often wrong about what was said or exchanged.
• Emergency or safety. Leaving to get help, or to escape a threatening situation, may be justified.
• No damage or injury to anyone else. If only your own vehicle was damaged, the charge does not apply.

What if the hit and run involved alcohol?

Prosecutors often suspect that a driver who left the scene had been drinking, and some cases add a DUI with injury charge. The evidence in those cases is frequently thinner than it looks, because no officer observed the driver at the scene and no timely breath or blood test was taken. Steven A. Alexander has tried felony DUI hit and run cases to verdict, including cases that ended in not guilty verdicts on all counts. Prior results do not guarantee a similar outcome.

What should you do if police contact you about a hit and run?

1. Do not explain what happened to the officer or investigator, even if you believe you did nothing wrong. Read why you should not talk to police without a lawyer.
2. Do not repair the vehicle or post about the incident online.
3. Report the accident to your insurance company as your policy requires, but keep it factual and brief.
4. Call a defense attorney. A lawyer can contact the investigating agency for you and, in some cases, keep charges from being filed.

For a confidential consultation in English or Spanish, contact the Law Offices of Steven A. Alexander.

This article provides general information, not legal advice for your specific situation.