All too often, a person charged with hit and run assumes that they have no option other than pleading guilty. At Law Office of Michael L. Fell we are here to tell you that you always have options. Keep reading to learn about a variety of defense options that may work for you, then contact us at (949) 585-9055 if you require a free legal consultation.
The Prosecution Must Prove Several Elements
First, understand that the prosecution has several things to prove. They must prove that you were involved in a car accident, that you knew you were involved in a car accident, that you know that someone was either injured or killed, or that it was probable they were, or that there was property damage, and that you intentionally failed to stop, render aid, exchange info and contact the police.
There Was a Mistake of Fact
One of your defense options is showing that there was a mistake of fact. This means showing that you knew you struck something but thought it was an animal. Perhaps you thought something was thrown at your vehicle. It may be that you thought that the accident was minor enough that there was no injury or property damage.
You Were Not Involved in the Accident
It is often the case that, at most, the prosecutor can only prove that a vehicle you own was involved in the accident. That is enough on its own. They must also show that you were involved. If they cannot then they cannot prove their case.
It could even be that your vehicle was not involved in the accident. It is often the case that they simply get a partial license plate number. An eyewitness may be mistaken about what they saw. There are any number of things that could have gone wrong that led to your being mistakenly identified as involved in the accident.
There Was No Threat to Safety and No Property Damage
If you were to strike a vehicle, do not damage and not injure anyone, then it would not be a hit and run if you left. Even if you had reason to believe there was no damage or injury, you would not be legally obligated to stay.
Hit and run charges can have significant consequences. At Law Office of Michael L. Fell we strongly recommend you talk to a criminal defense attorney if you have been accused of or charged with a hit and run accident. Contact us at (949) 585-9055 to request your free consultation.