criminal-law california
Could someone be found guilty of hit-and-run in Calfornia if they didn&#39;t know they hit something?
<p>Suppose someone were accused of hitting another vehicle with their vehicle. Suppose that the vehicle were sufficiently loud, bouncy, and difficult to maneuver (for instance, a 1970 Ford F250) that the driver did not realize they hit anything. If the driver would have known, they would have stopped and given their insurance information. If the driver is charged with hit and run (in Los Angeles County, California), what does that mean for the driver?</p>

<p>Hit and run, with no injury, is subject to <a href="https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=20002.&amp;lawCode=VEH" rel="nofollow noreferrer">Vehicle Code 20002</a>. A person who fails to stop and notify has committed</p>
<blockquote>
<p>a misdemeanor and, upon conviction thereof, shall be punished by
imprisonment in the county jail not exceeding six months, or by a fine
not exceeding one thousand dollars ($1,000), or by both that
imprisonment and fine.</p>
</blockquote>
<p>The description of the crime is that</p>
<blockquote>
<p>The driver of any vehicle involved in an accident resulting only in
damage to any property, including vehicles, shall immediately stop the
vehicle at the nearest location that will not impede traffic or
otherwise jeopardize the safety of other motorists. Moving the vehicle
in accordance with this subdivision does not affect the question of
fault.</p>
</blockquote>
<p>The scary language of the statute notwithstanding, one element of the crime is missing, namely <em>knowingly</em> doing so. The <a href="https://www.justia.com/criminal/docs/calcrim/2100/2150/" rel="nofollow noreferrer">corresponding jury instruction</a> incorporates the full law including caselaw requirements, in particular</p>
<blockquote>
<p>To prove that the defendant is guilty of this crime, the People must
prove that:</p>
<ol>
<li>While driving, the defendant was involved in a vehicle accident;</li>
<li>The accident caused damage to someone else’s property;</li>
<li><strong>The defendant knew that (he/she) had been involved in an accident that caused property damage [or knew from the nature of the accident
that it was probable that property had been damaged]</strong>; AND</li>
<li><strong>The defendant willfully failed to perform one or more of the following duties</strong>: (a) To immediately stop at the scene of the
accident; OR (b) To immediately provide the owner or person in control
of the damaged property with (his/her) name and current residence
address [and the name and address of the owner of the vehicle the
defendant was driving]</li>
</ol>
</blockquote>
<p>This means you either need to learn how to defend yourself in court against an experienced lawyer (if you didn't know this aspect of the law, you probably shouldn't assume you can carry off this defense), you give in and plead guilty and take your chances, or you hire an attorney. Just saying &quot;I didn't know&quot; is not good enough, so lawyer up.</p>
