There are several ways a Hit and Run charge can potentially be dismissed. However, they require a thorough understanding of the legal system, efficient arguments and sharp negotiation skills. That is why it is highly recommended that a person being charged with a Hit and Run seek the help of a Los Angeles Hit and Run Lawyer.
The first way is to avoid the charge getting filed in the first place. This may be avoided by a Civil Compromise. For there to be a hit and run, there must be injury or a person, or damage to property. If the costs to the victim are reimbursed, it may create leverage to persuade the Prosecutor not to file charges, as all damages have been rectified. The process of Civil Compromise is easier to understand through example.
Danielle is driving home from a bar and has had a few drinks. On her way home she accidentally makes a sharp right turn, and hit a person’s fence. She causes damage to a part of the fence and breaks it. Danielle’s hit and run attorney immediately contacts the home owner and Danielle agrees to pay all costs and expenses for repairing the fence. The homeowner, after all damage has been repaired, agrees to sign a Civil Compromise. The attorney then presents the civil compromise to the Prosecutor in an effort to persuade the state that there is no need to file charges, since there has been no more damage.
Another way a Hit and Run Charge may be dismissed is if it does not meet all the elements required for a conviction. For a conviction, the government must prove beyond a reasonable doubt that there was damage or injury, that the person charged left the scene of the accident, and did not leave any type of identification to make amends. Lets consider an example.
David was driving home and hit a parked car. He wrote down his name and phone number on a piece of paper and stuck it in the windshield. However, it was a windy day and the paper blew away. The driver never got David’s contact information, even though David had left it.
David does not meet all the elements, as he tried to leave the name and number. It was not his fault that it did not remain in place. If the experienced legal professional you hire can prove that there was no intention to fail to provide contact information, then the State cannot have a case against you.
If you find yourself in a situation where you are asked to come before the Judge on a Hit and Run, be sure to seek the advice and guidance of a knowledgeable attorney.