Hit and Run Lawyer in Mission Viejo
Facing Hit and Run Charges in Mission Viejo? We Are Ready to Fight for Your Rights
A sudden fender-bender on Alicia Parkway, a shopping center scrape near The Shops at Mission Viejo, or a late-night collision along Marguerite Parkway can throw your entire world into chaos if you panic and leave the scene. Prosecutors in Mission Viejo and throughout Orange County aggressively file hit-and-run charges, even if the damage is minor and there are no injuries. The moment a police officer shows up at your door or leaves a business card on your windshield, you need a hit-and-run lawyer who knows local court procedures, the ins and outs of California Vehicle Code § 20002, and the legal strategies that actually persuade the judge or prosecutor to dismiss or reduce your case. My Rights Law is prepared to defend your rights and help you achieve the best possible outcome.
Ready to speak with a Mission Viejo hit and run lawyer? Contact us now at (949) 942-8580 or contact us online.
Elements of a Hit and Run Crime
To secure a conviction, the prosecution must establish, beyond a reasonable doubt, the following “elements of the crime” as outlined in CALCRIM 2150:
- You were involved in an accident that caused damage to someone else’s property or vehicle.
- You knew, or should reasonably have known, about that damage.
- You willfully failed to stop, provide your information, and offer help when required by law.
An experienced attorney scrutinizes every detail—challenging whether you actually knew about the contact, whether you made a reasonable attempt to exchange information, and whether law enforcement rushed to conclusions without the full story.
California Vehicle Code § 20002 – Misdemeanor Hit and Run
Language of the statute (condensed):
“The driver of any vehicle involved in an accident resulting solely in damage to property shall immediately stop at the nearest safe location and shall, upon request, supply the name and current residence address of the driver and owner.”
If you fail to do so, you could face up to six months in county jail, a $1,000 fine, and be ordered to pay restitution. In Mission Viejo, the District Attorney almost always pushes for full repayment of towing and repair costs in addition to the standard penalties.
Differences Between Misdemeanor and Felony Charges Explained
Injury/Death
- VC 20002 (Misdemeanor): No injury – property damage only
- VC 20001 (Felony): Any bodily injury or death involved
Maximum Custody
- VC 20002 (Misdemeanor): 6 months in county jail
- VC 20001 (Felony): 4 years in state prison (even more if injury is severe)
Driver’s License Impact
- VC 20002 (Misdemeanor): 2 points on your license; possible suspension
- VC 20001 (Felony): Mandatory suspension or possible revocation
Restitution
- VC 20002 (Misdemeanor): You pay for property repairs
- VC 20001 (Felony): You may be ordered to pay medical bills, lost wages, pain, and suffering
Probation
- VC 20002 (Misdemeanor): Informal probation, up to 3 years
- VC 20001 (Felony): Formal probation, with strict conditions
Penalties Under California Vehicle Code § 20002
A misdemeanor hit and run conviction can bring severe consequences:
- Up to six months in the Orange County Jail.
- A fine up to $1,000, plus substantial penalty assessments.
- Three years of informal probation, possibly with community service, counseling or substance abuse classes if alcohol or drugs were suspected, and a requirement for SR-22 insurance.
- Civil liability for all property damage, repairs, and towing costs.
- Two points on your DMV record, triggering insurance rate hikes and possible license suspension if your driving history is shaky.
With a knowledgeable criminal defense lawyer advocating for you, many first-time offenders avoid jail time through a civil compromise, diversion program, or a reduction to a non-criminal “courtesy” ticket that keeps your record clear.
Legal Defenses to Hit and Run Accusations
Our experienced legal team has helped hundreds of clients fight hit-and-run allegations in Mission Viejo. Here are just a few of the defense strategies we use:
- Lack of Knowledge – You honestly did not realize an accident happened. In many cases, a small impact or contact is not felt or heard, especially in larger vehicles. We use experts and vehicle data to demonstrate this to prosecutors and juries.
- No Property Damage – The law only applies if there was real damage. If marks or dents existed before, or the other party exaggerated their losses, we collect evidence to challenge the prosecution.
- Stopped and Exchanged Information – Sometimes, you do stop and try to share your information, but the other person drives away or refuses. We gather phone records, dash cam video, or GPS logs to show you acted lawfully.
- Unable to Locate Owner – If the other party was not present, the law allows you to leave a clear note with your contact information. A note under the windshield wiper meets this legal requirement.
- Emergency or Necessity – Health emergencies, fear for your safety, or a directive from law enforcement can excuse a temporary departure from the scene.
- Mistaken Identity – Mistakes happen: license plate errors, vehicle misidentification, or stolen vehicles. We obtain surveillance, dispatch records, and other evidence to prove the error.
- Illegal Police Procedures – If police violated your rights during the stop or interrogation, we can seek to suppress illegally obtained statements or evidence, sometimes resulting in dismissal.
Every defense is crafted for your unique case—never a one-size-fits-all approach. Our lawyers leverage your clean record, valid insurance, and willingness to resolve the matter to negotiate with prosecutors and courts for the best possible outcome.
Contact Our Mission Viejo Hit and Run Lawyer for Help
Time is crucial. The longer you wait, the harder it is to gather dash cam footage, eyewitness statements, or repair records that may clear you. Our Mission Viejo hit-and-run lawyers provide a free, immediate phone consultation at (949) 942-8580. Here’s what we can do for you:
- Analyze the arrest report for mistakes or weaknesses.
- Contact the alleged victim to negotiate a civil compromise and keep your record clean.
- Argue in court for a reduction to an infraction or outright dismissal.
- Push for exoneration based on factual innocence or police errors.
We have in-depth knowledge of both misdemeanor and felony hit-and-run cases in Mission Viejo and throughout Orange County. Whether your incident involves a dented door or a complex traffic accident, our attorneys know how to protect your license, your finances, and your future. Don’t let panic or confusion ruin your record. Call our office now at (949) 942-8580, schedule your free consultation, and let My Rights Law defend you with the determination and skill you deserve. One call can restore your peace of mind and put you back in control.
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Ready to speak with a Mission Viejo hit and run lawyer? Contact us now at (949) 942-8580 or contact us online.