Hit and Run Lawyer in San Clemente

Facing Hit and Run Charges in San Clemente? We Are Ready to Fight for Your Rights

An unexpected bump on El Camino Real, a scrape in the Pier Bowl parking lot, or a late-night fender-bender on Avenida Del Mar can instantly upend your world if fear causes you to leave the scene. Prosecutors in San Clemente and throughout Orange County aggressively pursue hit-and-run cases—even when the property damage is minor or no injuries are reported. From the moment law enforcement makes contact, you need a focused hit-and-run attorney who knows local courthouse protocol, the intricacies of California Vehicle Code § 20002, and the practical defenses that persuade judges to dismiss or reduce cases. With My Rights Law, you get a San Clemente-based team that understands how to challenge every aspect of the prosecution’s case and minimize your exposure.

Ready to speak with a San Clemente 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 prove beyond a reasonable doubt the following “elements of the crime” as detailed in CALCRIM 2150:

• You were involved in an accident that caused damage to someone else’s property or vehicle.
• You knew, or should have reasonably known, about the damage.
• You willfully failed to stop, exchange identifying information, and provide help as required by law.

An experienced defense attorney will challenge each of these points—questioning whether you truly knew an accident took place, whether you made a reasonable effort to comply with the law, and whether law enforcement acted too hastily in reaching conclusions.

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.”

Failure to comply may result in up to six months in county jail, a $1,000 fine, and court-ordered restitution. In San Clemente, the District Attorney frequently demands full repayment for towing and repair expenses as part of any plea or sentence.

Differences Between Misdemeanor and Felony Charges Explained

Injury/Death

• VC 20002 (Misdemeanor): Applies to property damage only
• VC 20001 (Felony): Applies when there is injury or death

Maximum Custody

• VC 20002 (Misdemeanor): Up to 6 months in county jail
• VC 20001 (Felony): Up to 4 years in state prison (even longer for serious injury)

Driver’s License Impact

• VC 20002 (Misdemeanor): 2 points; possible suspension
• VC 20001 (Felony): Mandatory suspension or revocation

Restitution

• VC 20002 (Misdemeanor): Payment for property damage
• VC 20001 (Felony): Medical bills, lost wages, and pain and suffering

Probation

• VC 20002 (Misdemeanor): Informal probation up to 3 years
• VC 20001 (Felony): Formal probation with stricter requirements

Penalties Under California Vehicle Code § 20002

A misdemeanor hit and run conviction brings serious consequences:

• Up to six months in the Orange County Jail or West Justice Center.
• Fines up to $1,000, with significant penalty assessments on top.
• Three years of informal probation, which can include community service, classes for substance issues if suspected, and mandatory SR-22 insurance filings.
• Full civil liability for property damage and any towing charges.
• Two DMV points, which often result in major insurance premium increases and possible license suspension for those with prior violations.

With the right legal strategy, many first-time offenders avoid jail through a civil compromise, diversion program, or a reduction to a non-criminal infraction that protects their record and finances.

Legal Defenses to Hit and Run Accusations

Our skilled legal defense team at My Rights Law has successfully defended countless hit-and-run cases throughout San Clemente. Here’s how we approach these cases:

• Lack of Knowledge – You honestly didn’t know a collision happened. In low-speed accidents or with certain vehicles, even a minor impact can go unnoticed. We use accident reconstruction and technical data to demonstrate reasonable ignorance.
• No Actual Damage – The law only applies if there is real damage. If the alleged “damage” is pre-existing or exaggerated, we challenge it with expert photos and body shop assessments.
• Attempted Exchange of Information – You tried to comply, but the other party left, or circumstances made it impossible to exchange info. We use evidence like dash-cam footage or cell phone records to support your side.
• Unable to Find Owner – The law permits leaving a note with your contact details if you can’t locate the property owner. A written note left in a visible spot meets the statute’s requirements.
• Emergency Justified Leaving – Immediate danger, medical emergencies, or police direction may justify your departure from the scene.
• Mistaken Identity – Many cases involve incorrect identification due to license plate errors or vehicle confusion. We subpoena surveillance and records to clear your name.
• Unlawful Police Action – If your statements were taken without proper Miranda warnings or you were unlawfully detained, we move to suppress that evidence, which often weakens the prosecution’s case significantly.

Every defense is custom-tailored. We emphasize your clean record, valid insurance, and willingness to resolve issues, which can turn a prosecutor into a negotiation partner instead of an adversary.

Contact Our San Clemente Hit and Run Lawyer for Help

Time is of the essence. The longer you delay, the greater the chance that crucial evidence—dash-cam footage, witness statements, or repair documents—may disappear. Our San Clemente hit-and-run attorneys offer a free immediate case review. Call us at (949) 942-8580 today and we will:

• Analyze the arrest record for flaws or errors.
• Reach out to the alleged victim to seek a civil resolution.
• Negotiate with prosecutors to reduce the charge to an infraction or seek dismissal based on your unique facts.
• Fight for your rights in court, leveraging any evidence of innocence or procedural violations.

We’re well-versed in both misdemeanor and felony hit and run charges under California law. Whether you’re facing allegations after a minor parking mishap or a more complex accident, our team is ready to protect your driver’s license, finances, and reputation. Don’t risk a criminal record or costly penalties. Call (949) 942-8580 for your free consultation and put a knowledgeable San Clemente hit and run defense lawyer on your side—one conversation can change everything and help you regain control of your future.

Ready to speak with a San Clemente hit and run lawyer? Contact us now at (949) 942-8580 or contact us online.