hit & run dui accident defense

dwi & leaving the scene of an accident in california

• attacking the dui charges
• investigators testimony
• disproving fault & liability
• hit & run vehicle codes

Leaving the scene of an accident in a flight or fight state of panic, also knowns as acute stress response (ASR) or hyperarousal, is recognized as the first stage of a general adaptation, or natural survival mechanism, biologically inherent in humans and animals since the Stone Age.

The nervous systems of human beings and other vertebrae are made up of cathecolamine hormones that physically prepare and compel a person to flee in an act of self preservation, oftentimes an exacerbation or co-symptom of mental or emotional shock and traumatic stress. Run now, think later.

Hit and Run, or accident flight, becomes more serious when charged with DUI, significantly increasing the need to retain a lawyer to protect your rights and interests. Amidst the confusion of a "leaving the scene of an accident" case, eyewitness accounts, if any, rarely tend to accurately depict the chain of events. Still, in other cases, a defendant can stand wrongly accused, and although innocent, face potentally serious liabilities for what may actually be a no-fault accident or a completely disassociated situation.

challenging the dui charge

We attack the hit & run DUI charges independently of one another with our main goal being a collective dismissal or acquittal of the entire case. Hit & Run under the influence cases typically consist of multiple offenses including the Drunk or Drugged driving charge, leaving the scene of an accident, usually some level of property damage or bodily injury to another, reckless driving, and in some cases death, civil liability, applicable penalty enhancements such as excessive BAC, driving with a revoked or suspended license, and prior offenses can be overwhelming to face without a concrete plan and professional support system.

A seasoned attorney will be alert to opportunities such as police error, lack of probable cause, improper search & seizure, and breath, blood, and field sobriety test attacks that may be applicable to your DWI case. Please see DUI defense challenges or call us at 619.231.7412 for a personal and confidential consultation specific to the events surrounding your case. There is a never a fee to speak with us, and weekend or after hour appointments are available. Our services help create a worry free experience through what may now seem like an overwhelming ordeal.

attacks on accident reconstruction & investigation reports

As your defense attorney, Casey will employ professionals in the areas of accident reconstruction and investigation, traffic engineers, and related expert witnesses to dilute the prosecution's theories and infuse the Jury with reaonable doubt.

Being that the prosecution bears the burden of proof and conviction, we'll stress test all the state's conclusions about the accident against our experts' findings, including the credibility and reliability of their witnesses by employing a private investigator who may alert us to necessary questioning, such as:

• What books and publications do you consider to be reliable and authoritative in your field of expertise? Why? Does the material in that book play a part in your arrival at today's conclusion? How so?
• Name a treatise that supports your statements and conclusions, please... take all the time you need.
• How long have you been ACTAR Certified? You're not? (Accrediting Commission for Traffic Accident Reconstructionists). Did you receive your training through a correspondence course, or a website certificate program? Isn't ACTAR the only organization accredited to Certify Reconstructionists? What qualifies you to testify regarding this gentleman's/my client's fate today?
• Have you published any research or studies in the area of accident reconstruction? Have you published any tests or opinions? Are you affiliated with any university research projects? or study grants?
• Did you obtain a professional second opinion before concluding your assessment? Who? Why not? Is that customary in your field, to assume and forego further examination? You eliminated other possibilities and explanations without further research or corroboration, didn't you? Were you in a hurry?... pressed for time?

We'll comb the reconstructionist's conclusionary report and analysis, looking for common errors and inconsistencies such as:

• Failure to visit the scene of the accident within a reasonable time frame; road, traffic, weather, and visibility conditions differed from when accident took place
• Failed to recreate the weather, time of day, and external conditions for visibility analysis
• Failed to identify exact or accurate point of initial impact
• Implemented a different make and model for reenactment; varied in weight, horsepower, size, maneuverability, and performed differently due to variances
• Performed visibility tests using a different make and model inconsistent in height, headlights, alignment, glare, etc. and produced incongruent results based on dissimilarities
• Reconstructionist failed to calibrate measuring equipment, used a different acceleration input incongruent with driver's criteria
• Failed to check recall status of vehicle, failed to inspect vehicle, did not articulate as to what vehicle weight he used to reach his analysis
• Failed to inspect the vehicle for mechanical defects, did not rule out other possibilities, including equipment failure or malfunction
• Reached conclusions without availability of all necessary reference materials, conclusion is equivalent to a guess or unfounded assumption

proving our client's innocence & absolving liability

In our vehicular homicide section, dedicated to defending DUI with accident cases, we have listed an extensive array of facets that may also pertain to your hit & run charges. Please be sure and see the sections titled "refuting proof defendant was driving", "clearing liability & refuting fault", as well as the indepth information concerning eyewitnesses and professional experts.

california hit & run vehicle codes

vc 20001: felony hit & run dui

California Vehicle Code 20001 establishes a Hit & Run with DUI resulting in a fatality or infliction of great bodily harm on another person as a felony offense or wobbler DUI charge carrying a fine of up to $10,000 and up to 4 years of confinement in a state penitentiary for a first time offense with no alcohol related prior convictions during the preceding ten year wash out period. For a second or subsequent alcohol related violation, substantially enhanced punishment will be imposed.

vc 20001a: Duty to Stop at Scene of Accident

California Vehicle Code VC 20001 legislates a mandatory, immediate stop at the scene of a collision by any vehicle operator where the accident caused fatality or injury to another person, and to conform with laws set forth in VC codes 20003 and 20004, which state respectively, that a) the motorist and any passenger of the vehicle(s) involved shall provide his identity including his driver's license, legal name, place of residence, the identities and legal addresses of any passengers injured in his vehicle, registration number, name and valid address of the legal registrant, if other than the driver, and also provide this information to any member of law enforcement at the site upon request. The driver is obligated to reasonably assist injured persons in seeking aid, whether providing or arranging transportation to a doctor, hospital or medical facility if treatment is imminent or the injured person requests help. And b) pertaining to duty in the event of death; if a fatality results from an accident where a peace officer is not present to collect the information listed in section (a) of this paragraph, the driver shall immediately contact the nearest CHP or government authority to submit an accident report and his identifying personal and vehicle information.

vehicular manslaughter or homicide hit & run with dui

California Vehicle Code 20001(c) states any person who absconds an accident and is later convicted of DUI and vehicular manslaughter, Section 191.5, or DUI and vehicular homicide, Section 192, will receive an additional 5 year prison sentence for fleeing the scene, in addition to the standard penalties DUI with a homicide or manslaughter conviction. The extra prison term for hit & run cannot be served concurrently to the penalties for Sections 191.5 or 192.