If you are accused of a hit-and-run, it is important to know your rights and the potential defence strategies. Hit-and-run charges can come with some of the harshest penalties possible, including large fines, losing your license and even going to prison. But a good defence can lessen the impact you face and preserve your future.
Know Your Rights
By law in California, you are required to stop after an accident and give the other party your information if asked for it or provide assistance. Leaving the crash can result in hit-and-run charges. If you are accused of these charges, then always remember that you have a right to remain silent as well as the right to get assistance from a legal representative.
An attorney who will watch your rights throughout the process of law. This will involve objecting to illegal searches or seizures, confirming proper procedures were followed and squaring off against any proof that have been collected in violation of your constitutional rights.
Possible Legal Defenses
Ignorance: Homicide Hit-and-runs — The Most Common Defense in any Fatal Crash of this kind is that the driver defendant did not know anything had happened (to get into an accident). If you did not know that you hit a vehicle or person another vehicle, your lawyer might be able to claim successfully the lack of intent.
No Damage or Injury: One more defence is that the incident did not cause much damage or injury. Your attorney may ask for the charges to be reduced or dismissed if, as in our example, you were involved in a minor crackup where no one was hurt.
You Cannot Be in Two Places at Once: Sometimes a hit-and-run charge results from mistaken identity. This could be a good defence if someone else was driving your vehicle at the time of the incident or if it wasn't even properly identified as being tied to you.
This is a defense that could be used by you if for instance,you left the scene because of an emergency, such as your being injured to go and meet treatment or would only feel safe at home. And someone would have to prove those circumstances existed — either you or your lawyer.
Statutory Defenses: California law contains the following statutory defenses for hit-and-run cases. For instance, by showing that you did stop at the accident site but could not locate the other party; or if you promptly reported an incident to law enforcement then such actions may be used as grounds for dismissal of charges.
Why Getting Legal Representation Is Important
Hit-and-run cases often have many different variables that can affect the results. The law carries stiff penalties, and without a lawyer who knows the system, you may end up facing them all. A good DUI lawyer, such as Alimourilaw will examine the circumstances that surround your case, plan out effective defence mechanisms and go above and beyond to defend you.
Connect with Alimourilaw to get professional legal help now.
If you are charged with a hit-and-run, time is of the essence. Call Damon for a consultation (626) 314-3595 Damon has years of experience with your type DUI (Driving Under the Influence) and hit-and-run case, he will be providing proper legal defence to navigate through all aspects of our intricate system.