Hit and Run offense in Los Angeles and your Driver’s License

March 14, 2013

Hit and Run offense

Here I explain what effect a hit and run can have on your driver’s license.  Often a Hit and Run in Los Angeles can cause the DMV to suspend your driver’s license.

An important factor in Hit and Run in Los Angeles Prosecution is the injury.  Los Angeles DA office will take a hit and run with injury a lot more seriously than property damage hit and run in Los Angeles.  With a none injury hit and run (commonly charged as a violation of Vehicle Code Section 20002),  the suspension is not mandatory.  If you are convicted of a Hit and Run in Los Angeles, the clerk of the court will transmit the conviction electronically to the DMV.  Once the conviction shows up in the DMV records, the DMV can but is not required to suspend your driver’s license.  The relevant law is found in California Vehicle Code Section 13361, which states:

“The department may suspend the privilege of any person to operate a motor vehicle upon receipt of a duly certified abstract of the record of any court showing that the person has been convicted of any of the following crimes or offenses: (a) failure to stop in the event of an accident resulting in damage to property only, or otherwise failing to comply with the requirement of Section 20002″.   

If instead, the hit and run involve an injury, the Los Angeles DA office can charge a hit and run with injury, which is a Vehicle Code Section 20001.  This is a more serious offense and it can be charged as a felony.  If you are convicted of hit and run with injury in Los Angeles, the clerk will electronically notify the DMV of the conviction and the DMV is required to revoke your driver’s license as explained in California Vehicle Code Section 13350(a)(1).

(a) The department immediately shall revoke the privilege of a person to drive a motor vehicle upon receipt of a duly certified abstract of the record of a court showing that the person has been convicted of any of the following crimes or offenses: (1) Failure of the driver of a vehicle involved in an accident resulting in injury or death to a person to stop or otherwise comply with Section 20001″.,    

The length of revocation after a hit and run with injury in Los Angeles is one year and the DMV will require you to provide proof of financial responsibility before you can reapply for a driver’s license.

Keep in mind that, California law requires revocation of a driver’s license for 3 years if there is a combination of several convictions in a short period of time pursuant to California Vehicle Code 13351:

(a) The department immediately shall revoke the privilege of a person to drive a motor vehicle upon receipt of a duly certified abstract of the record of a court showing that the person has been convicted of any of the following crimes or offenses:

(1) Manslaughter resulting from the operation of a motor vehicle, except when convicted under paragraph (2) of subdivision (c) of Section 192 of the Penal Code.

(2) Conviction of three or more violations of Section 20001, 20002, 23103, 23104, or 23105 within a period of 12 months from the time of the first offense to the third or subsequent offense, or a combination of three or more convictions of violations within the same period.

(3) Violation of subdivision (a) of Section 191.5 or subdivision (a) of Section 192.5 of the Penal Code or of Section 2800.3 causing serious bodily injury resulting in a serious impairment of physical condition, including, but not limited to, loss of consciousness, concussion, serious bone fracture, protracted loss or impairment of function of any bodily member or organ, and serious disfigurement.

(b) The department shall not reinstate the privilege revoked under subdivision (a) until the expiration of three years after the date of revocation and until the person whose privilege was revoked gives proof of financial responsibility, as defined in Section 16430.

If you or your loved one is charged or investigated for a hit and run offense in Los Angeles, please contact our office immediately.

We are Criminal Defense Attorneys Los Angeles specializing in many traffic-related crimes, including hit and runs and we can provide quality representation at an affordable rate.

Recently, Los Angeles Criminal Defense Attorney successfully got hit and run dismissed under a motion for judicial diversion, under penal code 1001.95.

Typically, a hit and run offense investigation in Los Angeles can be resolved even without going to court (if done early enough), but you do need a competent criminal defense attorney to contact the police.  You should not attempt to resolve the case yourself because anything you say to the police is admissible in court (unlike what attorneys say to police).  Call us now and we will help you.  To talk directly to a hit-and-run attorney in Los Angeles dial (818) 921-7744 or (323) 464-6424.

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