Orange County Hit & Run Attorney
Hit and Run offenses in Orange County and Southern California can result in charges as either felony or misdemeanor, depending on the circumstances.
If the violation involves property and the value of the loss is below a certain threshold, it is charged as a misdemeanor. However, if the offense results in injury or death to another person, it can be charged as a felony.
Per California Vehicle Code Section 20001, individuals involved in a traffic collision where another person is injured or killed are legally obligated to take specific actions. This includes stopping their vehicle and remaining at the scene, providing identification to the other parties involved and/or law enforcement, and rendering reasonable assistance to any injured party, which may include calling for medical help, such as an ambulance.
In case of a collision resulting in death, it is mandatory for individuals to promptly contact law enforcement if they are not already present at the scene. These obligations apply to all accidents that result in injuries or fatalities, regardless of fault or the severity of the injuries. It is a common misconception that one is not required to stop if they were not at fault for the accident, but this belief is incorrect. Failing to comply with these requirements may result in criminal charges if caught.
According to California Vehicle Code (“VC”) 20001, the prosecution must establish several elements to prove an individual’s guilt in a hit-and-run case. This includes demonstrating that the person was involved in an automobile accident, was aware of being in an accident, knew or should have known that someone other than themselves was injured or killed or likely to be injured or killed, and intentionally failed to fulfill one or more of the requirements outlined in the statute.
For a free consultation concerning different types of California hit & run charges, dial (949) 519-4955 anytime, day or night. Consulting with an experienced Southern California criminal defense attorney from HJP Legal will help you sort out the details of these charges. Our firm serves people in Southern California, including Orange, Riverside, San Bernardino, San Diego and Los Angeles counties.
Why Choose HJP LEgal?
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Strategic Advice & RepresentationAttorney Halley J. Peters is well-versed in ensuring your legal rights are protected throughout the legal process. They will ensure that the evidence being used against you is obtained legally and within legal boundaries.
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Minimize PenaltiesCriminal charges can have severe consequences, including losing certain rights, massive fines and penalty fees, and potential incarceration. A skilled criminal defense attorney like Halley J. Peters can help to minimize these penalties or even fight to get the charges dismissed entirely.
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Clear Communication & TransparencyHalley is here for you every step of the way. She keeps her clients informed and up to date on important developments in their cases, and is readily available to answer any questions or address any concerns that may arise.
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Legal ExpertiseHalley is an experienced criminal defense attorney with the knowledge, skills, and resources to handle your criminal case. She understands the legal procedures and tactics of the prosecution, allowing her to provide you with the best defense.
California Reckless Driving
The California Vehicle Code separates reckless driving into three levels of severity.
California Vehicle Code § 23103 defines reckless driving as a person who drives on a highway or in a parking lot/structure with a willful disregard for safety of persons or property. The punishment for this offense is a jail sentence of 5-90 days, a fine of $145 -$1,000, or both. The offense is more harshly punished, however, if bodily harm is involved.
California Vehicle Code § 23104 states that reckless driving resulting in injury is punishable by a jail term of 30 days to 6 months, a fine of $220 to $1,000, or both. If the person is a repeat offender, or if great bodily harm was inflicted, it is either a misdemeanor with a penalty of 30 days to 6 months in jail and/or a fine of $220 to $1,000, or a felony, punishable by 16 months to 3 years incarceration in state prison.
The types of injuries that apply are listed in § 23105 and include, but are not limited to, the following:
- Loss of consciousness
- Concussions
- Broken bones
- Disfigurement
- Brain injury
- Paralysis
Possible California Reckless Driving Defenses
Although every case is unique, there are various potential sources of error that could impact a traffic stop, including mistakes made by the police officer, inaccuracies in radar devices, and other external factors. It is crucial to thoroughly analyze each aspect of your case to assess the validity of the accusations against you. Your experienced Orange County, California hit & run criminal defense lawyer at HJP Legal (949) 519-4955 will meticulously examine the following variables that may arise in a reckless driving case, including:
Radar Accuracy: In order to assess the accuracy of the radar gun used by the officer who charged you with reckless driving, it is paramount to have the device inspected and tested for accuracy. This should include evaluating its performance both before and after the officer’s specific shift during which you were charged. If it is determined that the radar gun is flawed or unreliable, there is a strong possibility that the evidence regarding your alleged speed could be dismissed in court.
Radar Calibration: The verbal statement by a police officer regarding your speed is insufficient to support reckless driving charges based on speeding. In cases where radar guns were used, the prosecution must provide a calibration certificate for the specific radar gun employed. This certificate must be an original or a “true copy” and must demonstrate that the device underwent testing within the last 6 months, including information about the person who performed the testing. Failure to comply with these three requirements renders the radar gun evidence inadmissible in court. It is crucial to thoroughly examine these factors to challenge the validity of the evidence against you.
Device Range of Accuracy: In some instances, a police officer’s speedometer may have a variance of just one to two miles per hour, which may seem insignificant, but can have a significant impact in certain cases. If the officer recorded a speed on your ticket that is overstated by a few miles per hour, it could have detrimental consequences for your case. In California, the threshold for reckless driving is speeding at 100 mph. For example, if your actual speed was 98 mph, but the ticket erroneously states 100 mph, you could be unjustly charged with reckless driving based on this discrepancy. It is important to carefully scrutinize such details in your defense against reckless driving charges.
Heavy Traffic Volume Combined With Officer Error: In many situations, law enforcement officers may position themselves in hidden locations, often thousands of feet away from vehicles on the freeway, in an attempt to catch speeding drivers. However, this approach can pose challenges, particularly during times of heavy traffic when cars may be traveling in close proximity as a group. It may be difficult to determine which vehicle is actually driving recklessly in such situations. A minor movement by the law enforcement officer or a radar reading from the wrong car could result in pulling over a vehicle that is not at fault, leading to potential misidentifications and wrongful stops.
Proper Signage: In order for drivers to be aware of the current speed limit, there must be clear and unobstructed road signs that are well-lit and easy to locate. These signs should not be hidden by trees, bushes, or other signage. It is crucial for individuals who are charged with speeding to take pictures of the road signs at the time of being pulled over. If it can be proven that the city failed to maintain or display proper speed limit signs, and as a result, you were unable to accurately determine the speed limit, there may be a chance to have your charges reduced or dismissed with the assistance of competent legal representation.
Regardless of the nature of your Southern California reckless driving case, reaching out to Halley J. Peters at HJP Legal is your best choice. Contact us 24/7 at (949) 519-4955 for a free consultation.
Other Reckless Driving Charges
Attorney Halley J. Peters at HJP Legal has a proven track record of defending California hit & run and reckless driving charges over the past decade. She is licensed in both California and Florida – and defends her clients to the best of her ability around the clock. If you have been arrested for reckless driving, hit and run, or DUI, our experienced team is able to provide you with legal representation.
Note that in order for a conviction to occur, it must be proven beyond a reasonable doubt that you willfully operated a vehicle with disregard for the safety of passengers and others. It is possible that you were wrongfully charged with reckless driving and were not driving in such a manner.
If this is the case, our experienced Orange County, California, criminal defense team and attorney Halley J. Peters can thoroughly investigate your case, gather all necessary evidence and statements, and work with you and your attorney to build and present a robust defense on your behalf. To get the process started immediately, contact HJP Legal at (949) 519-4955.
Choosing an Attorney for Hit and Run in Orange County and Southern California
Leaving the scene of an accident can have serious legal consequences, and simply providing a full confession may not always be in your best interest.
However, with the guidance of an experienced Orange County hit & run attorney from HJP Legal, you can still take steps to make amends and resolve any criminal and civil issues in the most favorable manner possible. Your attorney will work on your behalf to ensure that your rights are protected and help you navigate the legal process to achieve the best possible outcome.
If you require legal representation for leaving the scene of an accident charge in Orange County or South California, you can trust Halley J. Peters at HJP Legal. Whether your case involves property damage or more serious allegations such as personal injury, serious bodily injury, or even a fatality, our experienced Newport Beach, Laguna Beach and Orange County hit & run team is skilled in protecting your rights and freedom.
We are well-versed in the tactics used by the Orange County Police Department and other local law enforcement agencies.
Remember that with Halley, no concern is too small.
At HJP Legal, we will vigorously defend individuals charged with hit & run offenses in the Greater Newport Beach and Orange County area. Our representation extends to clients throughout Orange, Riverside, Los Angeles, San Diego and San Bernardino counties, and other surrounding areas. You can rely on us to provide dedicated legal advocacy and work toward the best possible outcome for your case.
Call HJP Legal at (949) 519-4955 anytime, 24/7, for a free consultation.