La Quinta, CA asked in DUI / DWI for California

Q: Dui plus hit and run

Hello so I hit a parked car parked in a fire lane in my neighborhood and went home to tell my parents but before I could The police showed up and tested me for dui and I did get a dui. It wasn’t an intentional hit and run as I didn’t know I hit till I got home and was going to then go back. What can I do?

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3 Lawyer Answers
James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Criminal Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: Based on the information you've provided, it seems you are facing charges for both DUI (driving under the influence) and hit-and-run in California. Here's some general information about your situation:

1. DUI: In California, it is illegal to operate a vehicle with a blood alcohol content (BAC) of 0.08% or higher, or while under the influence of drugs or alcohol. Penalties for a first-time DUI offense may include fines, license suspension, probation, and possible jail time.

2. Hit-and-run: California law requires drivers involved in accidents resulting in damage to property to stop immediately, locate the owner, and exchange information. Failing to do so is considered a hit-and-run, even if the damage is minor or the other vehicle is parked illegally.

Here are some steps you can take:

1. Hire a criminal defense attorney: Given the seriousness of the charges, it is crucial to have legal representation. An experienced attorney can help you understand your rights, explore defense strategies, and negotiate with prosecutors.

2. Gather evidence: Collect any evidence that may support your case, such as witness statements, photographs of the scene, or proof that you intended to report the accident.

3. Consider plea bargaining: Your attorney may be able to negotiate a plea deal with the prosecutor, which could result in reduced charges or a more lenient sentence in exchange for a guilty plea.

4. Prepare for court: If your case goes to trial, your attorney will help you prepare and present your defense. Your intent to report the accident and lack of knowledge about the collision may be used as mitigating factors.

Remember, this information is general, and the specific consequences you face will depend on the unique circumstances of your case and your prior criminal record, if any. It is essential to consult with a qualified criminal defense attorney to discuss your case in detail and determine the best course of action.

Thomas M. Fleming
Thomas M. Fleming pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • DUI & DWI Lawyer
  • Walnut Creek, CA
  • Licensed in California

A: I don't know all the details of the incident but you should discuss all the details with an knowledgeable DUI attorney in your area. You must do so quickly in order to meet the short DMV deadline of 10 days regarding the potentil suspension of your driver's license. I wish you the very best!

Penny Wymyczak-White
Penny Wymyczak-White
  • DUI & DWI Lawyer
  • Houston, TX

A: If you have insurance they may drop the hit in run. Retain a lawyer if see if there is any way to keep it off your record

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