Before you talk to the police
If police call or come by, do not explain
You can politely say, "My lawyer will contact you." Write down the officer's name, badge number, and phone. Do not discuss who was driving or what happened.
Preserve evidence. Do not delete anything.
Photograph the vehicle damage. Keep dashcam footage, phone location data, and records of where you were that day. Do not delete or alter them.
Be careful with your insurer
Notify your insurer as your policy requires, but what you say on a recorded claim call can later be used as evidence. Ask your lawyer how to handle it.
File the SR-1 within 10 days
If anyone was injured or property damage was over $1,000, each driver must file an SR-1 with the DMV within 10 days, regardless of fault. You can ask your lawyer before filling it out.
Already have a warrant? Do not wait to be stopped.
If the court has issued a warrant, your lawyer can contact the court and arrange for you to appear voluntarily. In some cases the warrant can be recalled.
What the law says, and what can happen
These are the general rules. The outcome depends on injuries, evidence, and any prior record, and is not a prediction for your case.
Property damage only: VC 20002
Leaving after hitting a vehicle or property without stopping to give your name and address is a misdemeanor, punishable by up to six months in jail and a $1,000 fine.
Injury or death: VC 20001
This can be charged as a misdemeanor or a felony. The more serious the injury, the heavier the possible jail time, fines, and license consequences.
The duty to stop and exchange information
Whoever is at fault, drivers must stop and exchange information. If you hit an unattended car, you must leave a note with your name and address and notify police. If someone is hurt, you must give reasonable help.
Driving without a license or while suspended
Driving without ever having a license (VC 12500), or after your license was suspended or revoked (VC 14601), can be charged as a misdemeanor.
Extreme speeding and reckless driving
Over 100 mph, the court can suspend your license. Reckless driving (VC 23103) is a misdemeanor. These records also affect insurance.
Missing traffic court
If you get a ticket or notice to appear and do not go, you can face a separate failure-to-appear charge (VC 40508), a bench warrant, and a DMV suspension.
How we help
The sooner a lawyer steps in, the less chance you say something harmful before you know what the evidence shows.
- Contact the police for you：Your lawyer talks with the investigating officer, learns what evidence they have, and keeps you from making statements without knowing the full picture.
- Evaluate the evidence：Does the video actually show the driver? Do witness accounts line up? Did you know a collision happened? The law requires that the driver knew of the accident, and that is a common line of defense.
- Pursue a civil compromise or a lighter outcome：In a property-damage-only misdemeanor, paying for the damage can sometimes support a civil compromise that leads to dismissal. It needs court approval and is not available in every case.
- Coordinate insurance and civil claims：We work with our personal injury and insurance colleagues so what is said in the insurance claim does not conflict with the criminal case.
- Handle license, ticket, and warrant problems：We appear for you on most tickets and misdemeanor traffic cases, contact the court about warrants, and walk you through getting your license back.
- Immigration review：For non-citizens, you can have one of Lingtu's immigration lawyers assess how the charge and sentence would affect a green card, visa, or citizenship application before any plea.
How traffic cases can affect immigration status
Felony convictions need special care
If a hit and run with injury ends in a felony conviction, the offense and the length of the sentence can both affect a green card or naturalization.
Small records still have to be disclosed
Unlicensed driving and missed court dates come up at green card and naturalization interviews, and the N-400 asks about every arrest.
Repeat records and good moral character
Serious traffic offenses combined with a pattern of violations can lead USCIS to question good moral character.
Check the immigration impact before any plea
Lingtu has its own immigration lawyers, and you can have one review the charge and plea language before any plea. See immigration consequences of criminal cases for more.
Related matters
These examples are adapted from similar matters handled by our firm and other firms. Names, dates, places and amounts have been changed, and the outcomes are illustrative only.
Scraped a Parked Car and Drove Off in a Panic, Then Faced a Hit and Run Charge. Restitution and the Owner's Forgiveness Led to Dismissal With No Conviction
Dismissed with no conviction · Restitution and owner's release
Fees for criminal cases
Free first consultation
Tell us what happened and what paperwork you have. We will tell you how serious the charge is and what needs to happen next.
Flat fee, explained before you sign
Criminal matters are handled for a flat fee. What it covers, and what is billed separately, is written into the engagement agreement before you sign.
Court and third-party costs are separate
Court fines, class fees, and DMV fees are charged by the court or other agencies, not by us. We tell you about them in advance.
- Under the California Rules of Professional Conduct, a lawyer may not charge a fee in a criminal case that depends on the outcome.
- We do not promise any particular result. Every case turns on its own facts and evidence, and past results do not guarantee future outcomes.
Hit and run and traffic FAQ
The following is general legal information and is not legal advice for any specific matter. For your situation, contact Lingtu Law APC at 415-547-9999 or on WeChat at lingtulaw.
