Here Is What Hit & Run DUI Means
There are two types of hit and run DUI offenses – misdemeanor and felony. Causing damage to someone’s property and fleeing the scene without contacting the owner or law enforcement authorities while driving the vehicle intoxicated, is a misdemeanor crime. Nevertheless, it is still a hit and run offense paired with DUI charges. Law enforcement authorities are very strict when it comes to driving under the influence of alcohol or illegal substances, you risk facing some genuinely harsh penalties. Losing your driver’s license, mandatory alcohol or drug awareness classes, community service, ignition interlock device, expensive fines, mandatory SR22 insurance – these all may be part of your DUI hit and run sentence. Do not forget that you may also be obliged by the court to pay for any kind of damage you caused.
Although above-mentioned consequences are genuinely harsh, these are certainly milder than the ones you will get for a felony DUI hit and run. Hence, in case you injured or perhaps killed an individual or a group of people and then fled the scene, you will be charged with a felony DUI hit and run that implies genuinely devastating legal consequences.
Seek Legal Assistance Immediately
One of the most effective ways to defend against hit-and-run DUI charges in Sacramento is to seek legal assistance immediately. An experienced attorney understands the complexities of both hit-and-run and DUI laws and can offer invaluable guidance. They can analyze the evidence, identify potential flaws, and work to develop a strong defense strategy tailored to your case.
It’s important to find an attorney who specializes in criminal defense, particularly in DUI and hit-and-run cases. They will have the necessary expertise and knowledge to navigate the legal system and advocate on your behalf. An attorney can also negotiate with the prosecution, potentially securing a plea deal or reduced charges, which can significantly impact the outcome of your case.
Challenge the Evidence
Challenging the evidence is another key strategy in defending against hit-and-run DUI charges. The prosecution must prove beyond a reasonable doubt that you were the driver involved in the incident and that you were intoxicated. An experienced attorney can scrutinize the evidence, such as witness statements, surveillance footage, and breathalyzer results, to identify inconsistencies or errors that can weaken the prosecution’s case.
For example, if there are discrepancies in the witness statements or if the breathalyzer was not properly calibrated, your attorney can use these factors to cast doubt on the prosecution’s case. Additionally, if the police did not follow proper procedures during the arrest or investigation, this could lead to the suppression of crucial evidence or even a dismissal of the charges.
Argue a Lack of Intent
In some cases, arguing a lack of intent can be an effective defense against hit-and-run DUI charges. If you did not realize that you were involved in an accident or were unaware of any injuries or damages caused, your attorney can argue that you did not have the necessary intent to commit a hit-and-run. This defense can be especially relevant if the accident was minor or if you were not aware that you had hit something.
California law requires intent or knowledge of an accident to establish a hit-and-run charge. If you genuinely did not know that an accident occurred or that anyone was injured, your attorney can argue that you did not have the necessary intent to violate the law. This defense can be strengthened by showing that you took reasonable steps to avoid the situation or that you reported the accident as soon as you became aware of it.
Present Mitigating Circumstances
Presenting mitigating circumstances is another way to defend against hit-and-run DUI charges. These are factors that, while not excusing the offense, can help explain or justify your actions. For example, if you left the scene to seek medical help or if you were in fear for your safety, these circumstances can be presented to the court as mitigating factors that can potentially reduce the severity of the penalties.
Other mitigating circumstances can include a lack of prior criminal record, cooperation with law enforcement, or actions taken to rectify the situation after the fact. For example, if you returned to the scene of the accident or made restitution to the victims, these actions can demonstrate remorse and a willingness to take responsibility for your actions. By presenting these mitigating factors, your attorney can argue for a reduced sentence or alternative penalties, such as probation or community service.
Explore Plea Bargain Options
Finally, exploring plea bargain options can be a strategic approach to defending against hit-and-run DUI charges. In some cases, it may be in your best interest to negotiate a plea deal with the prosecution. This can result in reduced charges or penalties and can help you avoid the uncertainty and potential risks of a trial. An experienced attorney can advise you on whether a plea bargain is a viable option for your case.
Plea bargains can offer several benefits, including reduced charges, lighter sentences, and a quicker resolution to the case. However, it’s important to carefully consider the terms of the plea deal and weigh the potential consequences against the risks of going to trial. An attorney can help you evaluate the pros and cons of accepting a plea deal and can negotiate with the prosecution to secure the best possible outcome.
Additional Strategies and Considerations
In addition to the strategies outlined above, there are other factors to consider when defending against hit-and-run DUI charges. For example, if there are issues with the legality of the traffic stop or arrest, your attorney can file a motion to suppress evidence or dismiss the charges based on constitutional violations. Additionally, if there are issues with the breathalyzer or blood test results, your attorney can challenge the accuracy or validity of the test.
It’s also important to consider the impact of a hit-and-run DUI conviction on your personal and professional life. A conviction can result in a criminal record, which can affect your employment prospects, housing options, and more. By working with an experienced attorney and utilizing the strategies outlined in this article, you can protect your future and work towards a favorable outcome.
Defense Against Hit & Run DUI
Some drivers think that it is a good idea to flee the scene without trying to help victims or notifying authorities. Furthermore, some individuals report their vehicle stolen in attempts of avoiding harsh penalties. After all, being charged with a DUI hit and run is very serious – charges may imply time in county jail or even state prison, depending on how severe injuries of victims were. Thus, if you seriously injured a person in the DUI hit and run, you may be sentenced to 4 years in prison and you will get 3 additional years for any other person you have managed to injure. There were cases when people were sentenced to a decade behind bars, which is the kind of option that most drivers will find absolutely horrifying.
However, there are cases when drivers flee the scene automatically, without even controlling their actions. It is a condition of shock and people cannot take control over it. It is a factor that could be used for the defense in court, but you will have to find a qualified as well as genuinely experienced legal representative to help you.
If you or your loved ones were charged with a hit and run DUI, it is crucial not to waste any time and to find a good attorney, who will be capable of assessing all the evidence and minimizing the sentence. Furthermore, he will find any mistakes and errors in the work of police officers or the medical analysis and will prove that you deserve a second chance or at the very least probation, which is a far more desirable option than years in state prison. If you need more information about DUI Hit & Run defense, contact us today!