Our team has extensive experience defending hit-and-run cases in San Diego. We'll investigate thoroughly to uncover all facts and protect your driving privileges and freedom.
If You’ve Been Charged With Hit and Run...
You’re facing more than fines. A conviction can mean jail time, a suspended license, and serious damage to your record. Even if you panicked or didn’t realize what happened, the law is harsh—and prosecutors won’t give you the benefit of the doubt. Don’t try to explain it away alone. Call a defense lawyer now and take control of your case before the court does.
Anyone who has ever been in an accident can tell you that car accidents trigger powerful instincts. Even drivers with the cleanest driving records sometimes have difficulty making the right decisions in the stressful moments immediately after a collision. Regardless of which driver is to blame, the urge to leave the scene of an accident can be overwhelming. Shock, fear of confrontation, and nervousness about interaction with police can all lead to costly lapses in judgment and serious legal consequences.
Those drivers charged with hit and run in San Diego could face up to several years in prison if convicted of a felony. Property damage, injuries to others, and being under the influence of alcohol or a controlled substance at the time of the accident can make a difference in how the case is charged and the potential consequences in court if convicted.
Hit and Run Charges (California Vehicle Code sections 20001-20002)
Drivers have a responsibility to perform certain duties following a car accident. Failure to act swiftly and according to the Vehicle Code can lead to criminal charges. In San Diego, charges of hit and run can range from minor incidents involving just property (VC 20002) to accidents involving injury or death (VC 20001).
The California Vehicle Code allows prosecutors to charge many hit-and-run crimes as wobbler offenses. That means, depending on the circumstances, hit and run charges in San Diego County may be prosecuted as misdemeanors or felonies. Facts specific to the case, your own personal history, and the quality of your criminal defense representation can all affect the extent of the charges and the likelihood of conviction.
Accidents Resulting in Injury or Death
Drivers accused of contributing to accidents resulting in the injury or death of another can face charges of hit and run under VC 20001. In California, drivers involved in accidents resulting in injury or death are required to remain on scene to render appropriate aid, contact emergency assistance, and offer personal identification.
These types of offenses may be prosecuted as either misdemeanors or felonies. Regardless of which driver is at fault, any driver suspected of leaving the scene early may be charged with hit and run under VC 20001 whenever a party to the collision is injured.
Accidents Resulting in Property Damage
Drivers accused of contributing to accidents causing property damage only may face misdemeanor charges of hit and run. Under VC 20002, drivers suspected of causing property damage are required to offer their name, driver’s license, and insurance information to the other parties involved.
This can include leaving a note on damaged property left unattended, such as a parked vehicle or remote structure. Drivers causing damage to public or federal property are required to report the incident to the police in a timely manner.
Hit and Run in San Diego? Don’t Wait—Get a Lawyer
Penalties for a Hit and Run Conviction in San Diego
The penalties for hit and run convictions can vary based on the charges, the extent of injuries or property damage, the location of the courthouse the case will be heard in, and the quality of your legal defense.
Those accused of misdemeanor hit and run pursuant to Vehicle Code section 20002 may face the following penalties if convicted:
Confinement to jail for up to six months
Fines up to $1,000
Costly restitution payments and fees
Probation and possible loss of driving privileges with added DMV points and classes
San Diego drivers accused of felony hit and run may be facing:
Prison sentences up to 4 years, plus other possible sentencing enhancements
Fines up to $10,000, with additional restitution payments
Parole or probation, each with strict regulations to abide by
Loss of driving privileges with added DMV points and classes
A conviction for hit and run can also increase your exposure to a civil lawsuit. Those found guilty of hit and run in San Diego face civil suits from persons injured in accidents, persons suffering property damage from an accident, and family members of those killed in car accidents.
Defense Against Hit and Run Charges in San Diego
As you know by now, the stakes can be very high when charged with a hit and run. Defending against charges of hit and run requires far more than a good understanding of the California Vehicle Code. The best criminal lawyers work simultaneously exploring any and all viable defenses to the charges, while building up a mitigation packet in support of their clients that helps humanize them to the prosecution or judge.
Each case is unique, but common defenses to hit and run charges in San Diego can include:
Proving the accused made a reasonable attempt to give their identifying information
Affirming the accused did, in fact, stop and render assistance following an accident
Demonstrating cases of mistaken identity in instances of false accusations of hit and run
Explaining an unawareness to having been involved in an actual collision resulting in injury or property damage
Illustrating a need to leave the scene of an accident due to a legal necessity
For property damage cases, exploring a civil compromise/repayment for financial loss caused by damage, in order to have the criminal charges dismissed
The underlying facts surrounding your alleged hit and run, your criminal history (if any), personal background and the quality of your representation all impact your case. Â Take control of your future by hiring a quality, locally experienced criminal defense firm. Â We can help you. Call us for a case evaluation.
What Prosecutors Must Prove for Hit and Run Charges to Stick
For a hit and run conviction, San Diego prosecutors must establish beyond a reasonable doubt that:
You were involved in a vehicle accident
The accident caused property damage, injury, or death to another person
You knew, or reasonably should have known, that the accident occurred
You willfully failed to stop and exchange information or render aid when required
Each of these elements presents opportunities for your defense attorney to challenge the prosecution’s case.
Why People Leave Accident Scenes
Many hit-and-run charges result from understandable human reactions rather than callous disregard for others:
Panic and shock: The stress of an accident can trigger fight-or-flight responses
Fear of consequences: Concerns about insurance, driving record, or prior issues
Lack of awareness: Not realizing contact occurred or that damage/injury resulted
Impaired judgment: Confusion due to medication, medical conditions, or other factors
Safety concerns: Feeling threatened at the accident location
Language barriers: Difficulty communicating at the scene
Understanding these factors is critical to developing an effective defense strategy.
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How David P. Shapiro Criminal Defense Attorneys Can Help
Our San Diego hit and run defense team brings critical advantages to your case:
Immediate intervention to protect your rights from the earliest stages
Technical knowledge of accident reconstruction and evidence analysis
Relationships with prosecutors that facilitate meaningful negotiations
Experience with local courts and how San Diego judges approach these cases
Strategic trial skills if your case requires aggressive courtroom advocacy
We begin with a thorough evaluation of the evidence, identifying constitutional issues, witness credibility problems, and technical weaknesses in the prosecution’s case. Our approach focuses on achieving the best possible outcome while minimizing both immediate penalties and long-term consequences.
Contact a San Diego Hit and Run Defense Attorney Today
If you’re facing hit and run charges in San Diego or Chula Vista, don’t wait to seek legal representation. The early intervention of an experienced defense attorney can protect your rights, preserve crucial evidence, and significantly impact the outcome of your case.
If you or someone you love is facing criminal charges in California, swift action is imperative. The penalties can be life altering and long lasting. Give us a call today to set up a case evaluation with one of our attorneys and learn how to best protect your freedom and future.
Too often, we see clients who “wait and see,” unsure of the legal landscape ahead, only for charges to escalate. They then find themselves backpedaling into a bad defense and an even worse lawyer. Don’t let that happen to you. Protect your freedom. Protect your future. Know your rights.
What should I do if I accidentally left the scene but want to make it right?
Consult with an attorney immediately before taking any action. While returning to provide information may help mitigate consequences, doing so without legal guidance could potentially strengthen the case against you.
Can I still be charged if I didn't cause the accident?
Yes. Hit and run laws don’t consider fault in the underlying accident—they penalize leaving the scene without providing required information or assistance. Even if the other driver caused the collision, you have legal obligations to stop.
Will my insurance cover damages if I'm convicted of hit and run?
Most insurance policies exclude coverage for criminal acts, which may include hit and run incidents. This makes resolving these charges properly even more critical for financial reasons.
How long do prosecutors have to file hit and run charges?
For misdemeanor hit and run, prosecutors generally have one year from the date of the incident to file charges. Felony hit and run has a three-year statute of limitations in most cases, though this may be extended in cases involving death.
Here’s What You Need to Know to Regain Control of Your Future
Charged with a crime in San Diego? Wondering how the case will affect your reputation, career, and freedom? Trying to figure out what comes next? Look no further! David’s book addresses common misconceptions and mistakes made by those charged with a crime in San Diego. Some of the chapters include topics such as:
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