Section 20002 - Hit and Run Property Damage, Misemeanor - PLEASE ADVISE!!!

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imlinked

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Hi, so this is my story...

I was taking my friend to the San Francisco International Airport early in the morning at about ~8:34am. It's a 2:30 hour drive and the flight was at 12 (had to be there by about 11). The morning mist made my windshield fog up and I hit a street light post with my front bumper, falling over and cracked my front windshield. I did not have the local police department phone number and was unsure if I should contact 911. I also did not know about calling the police first.

I pondered about making a police report the local police station directly but figured if I did go my friend would miss the flight. I was also in a state of shock and stayed in the car for a bit. In the end I got off the car, moved the glasses across to the sidewalk (so other cars wont run over them), and decided that I would make a phone call to the insurance company instead.

The car was still in drivable condition so I took off, and the phone call was made around 8:40 and talked to the insurance representive to file a claim. I told the representative what happened and that I did not make a police report yet. The representative said I should as soon as possible. I told her I was dropping off my friend to the airport and asked if she knew the local police department number for my area. She said she did not have that number. I also asked if I should call 911 although it was not an emergency, or, if I should stop by the police station (which was my original plan) after I dropped off my friend. She said I should stop by the police station.

As I was driving I received a call from my father that the police contacted my permanent address (I currently live in an apartment attending college, while the vehicle was registered to my permanent address in LA) and told me the police was trying to contact me. He gave me the contact number to the police officer responsible for this case.

So promptly I made the phone call to the police officer, which was around 9:10am (not sure on the EXACT time, but it was a few minutes after hanging up with the insurance representative). The police officer said someone reported the accident. I told him that I was planning on dropping by the police station after dropping off my friend at the airport and that I already contacted the insurance company... where the insurance company would handle the costs with the city.

After dropping my friend off I visited the police office and the officer charged me with hit and run for not reporting the incident to the police. I explained my situation but told me that I should have just called 911 if I did not have the local number, and that calling the insurance company does not excuse me.

So that is my story. I was worried sick, and after about 3 months I received a mail from the district attorney. Tomorrow is my graduation, some present I got huh? My life is ruined! What should I do?
 
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You failed to abide by the legal requirements of the CA Vehicle Code. You CAN be charged and convicted. Whether you WILL be charged is something no one here can answer.

Here is the law:
20002. (a) The driver of any vehicle involved in an accident
resulting only in damage to any property, including vehicles, shall
immediately stop the vehicle at the nearest location that will not
impede traffic or otherwise jeopardize the safety of other motorists.
Moving the vehicle in accordance with this subdivision does not
affect the question of fault. The driver shall also immediately do
either of the following:

(1) Locate and notify the owner or person in charge of that
property of the name and address of the driver and owner of the
vehicle involved and, upon locating the driver of any other vehicle
involved or the owner or person in charge of any damaged property,
upon being requested, present his or her driver's license, and
vehicle registration, to the other driver, property owner, or person
in charge of that property. The information presented shall include
the current residence address of the driver and of the registered
owner. If the registered owner of an involved vehicle is present at
the scene, he or she shall also, upon request, present his or her
driver's license information, if available, or other valid
identification to the other involved parties.

(2) Leave in a conspicuous place on the vehicle or other property
damaged a written notice giving the name and address of the driver
and of the owner of the vehicle involved and a statement of the
circumstances thereof and shall without unnecessary delay notify the
police department of the city wherein the collision occurred or, if
the collision occurred in unincorporated territory, the local
headquarters of the Department of the California Highway Patrol.


(b) Any person who parks a vehicle which, prior to the vehicle
again being driven, becomes a runaway vehicle and is involved in an
accident resulting in damage to any property, attended or unattended,
shall comply with the requirements of this section relating to
notification and reporting and shall, upon conviction thereof, be
liable to the penalties of this section for failure to comply with
the requirements.

(c) Any person failing to comply with all the requirements of this
section is guilty of a misdemeanor and, upon conviction thereof,
shall be punished by imprisonment in the county jail not exceeding
six months, or by a fine not exceeding one thousand dollars ($1,000),
or by both that imprisonment and fine.
- Carl
 
Thank you. I am a recent undergrad graduate (this June actually) and have virtually no income. I would like to receive legal advice on what I can do from now on and receive some sort of legal guidance on how I should present my case to the D.A.

Given this, I spoke with an attorney on my first free counseling... he seemed like a friendly guy and told me that although the maximum penalty for a misdemeanor is 1 year in jail, it seems highly unlikely given my circumstances. The main catch was that there was a flat fee of $4,500. There is absolutely no way I can come up with this... I was on financial aid during my entire undergrad years, checking out textbooks from the library (2 hour return policy) half the time because I couldnt afford buying them.

When the police began my questioning, I practically self-incriminated myself without ever having a chance to speak with a lawyer. Right now I would like one but have zero funds! :(

What should I do?
 
If you are charged, and you meet the income and asset requirements, the state should provide you an attorney for a small fee that will be assessed should you lose your case.

$4,500 seems quite high for this sort of a case.

- Carl
 
I would also contact your school. My large state school has an office that helps undergrads with legal problems. I had one draft up a letter to my landlord when he wouldn't get maintenance done in a timely manner. Contact your school about it. You might have to register for Fall classes to continue getting the freebie, but it's probably cheaper than the laywer fees--at least if you go to a state school and get in-state tuition. Otherwise, yeah, given your situation you'll probably qualify for a public defender.

It's tough. The cop was pretty unreasonable though. I hit a parked car when I first started driving since I was forced off to the side by an elderly driver who didn't see me in the adjacent lane (I should have just let him hit me, but live and learn). I panicked and took off. I came back a couple of hours later and left a note with a nearby business (since the car was gone) but during that time some "do-gooder" had reported me to the cops. They contacted me about it a few days later and just put me in touch with the driver. I wish you could have met an officer who was that reasonable. This guy probably had it out for you or something.
 
Scottfree, it is likely that agency policy requires they forward the matter to the District Attorney for review. Whether charges will be filed or not is something no one can answer.

In my county we would have to forward the matter to the DA even if we thought the actions might be reasonable. if there is probable cause to believe the offense occurred (and in this case, there is) then the matter is sent to the DA.

- Carl
 
Thanks cdw for the extremely helpful info, and scottfree for your support :)

Everything worked out well after attending the arraignment yesterday. The D.A. dismissed my case as long as I attend a 6 hour class for a day...

I guess what concerns me now is what exactly is shown on my record after this entire incident? I was not arrested, so is it okay not to worry about anything showing up on my RAP sheet? Are dismissed charges not in my record, or will it actually show that I was charged, and the charges were dismissed during the arraignment?

I am a bit unclear on the idea of expungement :(

Is expungement (in California) used for clearing convictions..? Or can it be used to clear records of the dismissed charges itself?

Thank you so much and I hope to hear back soon!
 
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