Misdemeanor Hit and Run in California
Vehicle Code 20002 VC

In California, there are two types of hit and run offenses: misdemeanor and felony.

You may be charged with California misdemeanor hit and run under Vehicle Code 20002 VC if you:

  1. leave the scene of an accident,
  2. without first identifying yourself to the other party or parties involved, and
  3. another's property was damaged in the accident.1
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The difference between California misdemeanor hit and run and California felony hit and run lies in number three above.  While misdemeanor hit and run is concerned with property damage, felony hit and run is concerned with injury.  You can be charged with felony hit and run if someone (other than yourself) was injured or killed.2

These California hit and run laws apply to every car accident, regardless of:

  • Who was at fault,3
  • The amount of damage inflicted, or
  • The seriousness of the injury/injuries.

As a result, these laws, particularly misdemeanor hit and run, ensnare a lot of people who have no history with the criminal justice system...and no idea that they were doing anything that could be considered a crime!

For example, you could face California misdemeanor hit and run charges if you:

  • Drive away from a fender-bender where the other driver was obviously the one at fault,
  • Drive away after hitting and damaging someone else's fence with your car, or
  • Drive away from the scene of an accident that your driving may have caused...even though your own car didn't actually collide with another.
Penalties

Misdemeanor hit and run carries surprisingly steep penalties given the nature of the offense. If you are convicted, you may face a fine of up to one thousand dollars ($1,000)....or even a sentence of up to six (6) months in county jail!4

Legal Defenses

Given these penalties, it is well worth your while to fight these charges. An experienced California hit and run defense attorney can help you assert certain legal defenses that could lead to an acquittal on misdemeanor hit and run charges. These include:

  1. Only your own car was damaged,
  2. You didn't realize that you had been involved in an accident, or that someone else's property was damaged, and
  3. It was actually someone else - not you - who was involved in the accident.

In this article, our California criminal defense attorneys will provide a comprehensive overview of California Vehicle Code 20002 VC -- misdemeanor hit and run -- by addressing the following:

1. Your Duties if You Get in a Car Accident
in California
2. Legal Definition of Hit and Run in California
3. What Are the Legal Defenses to California Misdemeanor Hit and Run Under California Vehicle Code 20002 VC?
4. What Are the Penalties for California Misdemeanor Hit and Run?
5. Related Offenses

5.1. Felony hit and run Vehicle Code 20001 VC

5.2. California DUI

5.3. Driving without a license Vehicle Code 12500(a) VC

If, after reading this article, you have additional questions or would like to speak to a California hit and run defense lawyer, we invite you to contact us at Shouse Law Group.

You may also find helpful information in our related articles on Legal Definition of an Infraction in California Law; Common Legal Defenses to California Crimes; Legal Definition of a Misdemeanor in California Law; Explanation of California Probation and Probation Violation Hearings; Legal Definition of a Felony in California Law; Felony Hit and Run Involving Death or Injury California Vehicle Code 20001 VC; Legal Definition of a Wobbler in California Law; California DUI; California DUI Penalties, Punishment, and Sentencing; California DUI Defenses; and California Law on Driving Without a License Vehicle Code 12500(a) VC.

1. Your Duties if You Get in a Car Accident
in California

California Vehicle Code 20002 VC imposes three duties on you if you are involved in an auto accident that causes damage to another person's property:

  1. Immediately stop your vehicle
  2. Give the other party/parties your "identifying information" ... which is your name and a current address, and
  3. If the other party/parties are on-scene (as opposed to a situation, for example, where you hit an unattended parked car), provide your driver's license and vehicle registration upon request.5

If you weren't the owner of the car you were driving, you must additionally provide the name and address of the car's registered owner.6

Failure to do any one of the above could result in a California misdemeanor hit and run charge.

It bears repeating that you must perform these duties regardless of who's at fault.  This means that even if the other driver is 100% responsible for the accident...or no one was really at fault...you could still be prosecuted under California Vehicle Code 20002 VC if you don't adhere to these requirements.7

Example: Aaron drives a Hummer (a very large and sturdy car). Karl drives a Toyota Yaris (a very small car). Karl rear-ends Aaron at a red light. The accident makes no mark on Aaron's Hummer but produces visible damage to the front fender of Karl's Yaris.

Aaron gets out of his Hummer and confirms that it is undamaged. He also sees the damage to Karl's Yaris. But Karl tells him, "Don't worry about it," so Aaron gets back in his car and drives off without giving Karl his identifying information.

Aaron may be guilty of misdemeanor hit and run...even though Karl was probably at fault in the accident.

With respect to these requirements...

Violating the first duty causes the most concern from a public policy standpoint.  Immediately leaving the scene of an accident may be viewed as a flagrant disregard for others by the judge, jury, and prosecutor.  Judges and prosecutors may therefore be tougher on you if you fled the scene without first stopping.

Violating the second duty - not providing your identifying information - is an easy way to invite this charge.  This is particularly true if you hit a parked car or some other type of stationary property and the property's owner wasn't on-scene.

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If you hit a parked car or another type of property and the owner of that property isn't on-scene, the duty still exists.  When this situation occurs, California Vehicle Code 20002 VC requires that you take the following steps:

  1. Leave a conspicuously placed note that states:
    (a) your "identifying information" mentioned above, and

    (b) a summary of what happened, and
  2. then immediately contact your local police department or the California Highway Patrol (if the accident happened in an unincorporated area).8

California misdemeanor hit and run law isn't concerned with what type of property you damage.  It could be a car, someone's mailbox, a fence, or another's dog.  The examples are endless. Any type of property (including pets9 ) will suffice and your duties remain the same.

Example: While driving on a local road, Frank runs over two dogs, killing them both. He does not initially stop after running over the dogs. But the dogs' owner eventually flags down Frank and causes him to stop, at which point Frank gives the owner his name and address.

Frank is guilty of misdemeanor hit and run for failing to stop immediately after hitting the dogs.10

Also, it doesn't matter whether the accident occurs on a public street or on private property (like a privately-run parking lot)...the same duties apply in either case.11

The third requirement - that you provide your driver's license and vehicle registration upon request - requires little explanation.  It does, however, provide a good opportunity to mention the following:

Although providing your insurance information isn't required under California Vehicle Code 20002 VC, this information (along with your vehicle identification number) must always be exchanged between drivers who are present at the scene of an accident.  This insurance requirement is a separate law under California Vehicle Code 16025. Failure to do so is an infraction in California law , punishable by a maximum two hundred fifty dollar ($250) fine.12

2. Legal Definition of Hit and Run in California

The legal definition of hit and run is contained in California Vehicle Code 20002 VC. Under this section, the prosecutor must prove the following facts (otherwise known as "elements of the crime"):

  1. that you were involved in a vehicle accident while driving,
  2. that the accident caused damage to someone else's property,
  3. that you knew either that:
    (a) someone else's property had been damaged, or

    (b) that the accident was of such a nature that it was probable that another's property was damaged, and
  4. that you "willfully" failed to perform any of the duties outlined above.13

"Willfully" failing to perform these duties means that you failed to perform them intentionally...or on purpose. It doesn't necessarily mean that you intended to break the law or benefit yourself in any way.14

Example: Raul is involved in a minor accident that seems to be the other driver's fault. The damage to Raul's car is only cosmetic. He sees that the other driver, Wendy, is a young mother driving an old, beat-up car that is also damaged pretty badly. Wendy is in tears and seems very upset. Because Raul can afford to fix the damage to his car and feels sorry for Wendy, he drives away from the scene quickly, without giving her his identifying information.

Raul's intentions were good...he didn't want to put the financial burden of paying for the damage to his car on Wendy. But he still willfully failed to fulfill his duties under Vehicle Code 20002 VC...and thus still may have committed the crime of misdemeanor hit and run.

It's important to remember that you can be convicted even if you performed some of the duties outlined above.  For example, if you stop after an accident but then fail to provide the required information, you still may face conviction under California's hit & run law.15

That being said, if you fled the scene but quickly decided to go back - at which point you provided the required information - the prosecutor would probably look at a variety of facts (including your driving record and criminal history) before deciding whether to file charges.

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3. What Are the Legal Defenses to California Misdemeanor Hit and Run Under California Vehicle Code 20002 VC?

Three common legal defenses most often apply to a California misdemeanor hit and run case. These are:

  1. the only damage sustained was to your car,
  2. you lacked knowledge (either about your involvement in the accident or about the property damage), and/or
  3. it wasn't you who was involved in the accident.

Your car was the only damaged property

If, for example, you were driving a compact car and hit a large SUV, your car may have been the only one damaged.  When that is the situation, there is no duty to stop or exchange information under California's misdemeanor hit and run law.16

Similarly, if you hit someone else's property other than a car - a wrought-iron fence, for example - and the collision caused damage to your car but left the fence unharmed, you would not be liable for not stopping under Vehicle Code 20002.17

Lack of knowledge

If you didn't know that you were involved in an accident, there can be no criminal liability for a California hit & run.18 This defense obviously wouldn't work in a case where there was significant damage done to another's car or stationary property....such that no person could have missed the fact that it occurred.

It could, however, apply if you hit an animal and didn't notice...or if the damage to another's property was so insignificant that you didn't feel the impact.  Flipping the above example, if you were in the large SUV, but you backed into a compact car, you may not have even realized that you hit that car.

It wasn't you

Your California misdemeanor hit and run lawyer might argue this defense if you maintained that someone else had access to or had stolen your car.  These arguments would be most persuasive if (1) there was no eyewitness to testify as to your identity, or (2) you had actually filed a stolen vehicle report.

According to Ventura criminal defense attorney John Murray19:

"In effect, the prosecutor must prove beyond a reasonable doubt that you were the driver of the vehicle that engaged in the hit & run accident. Even if it can be proved that your car was involved in the accident, that alone does not prove you were the driver."
4. What Are the Penalties for California Misdemeanor Hit and Run?

If convicted under California Vehicle Code 20002 VC, you face any or all the following misdemeanor penalties:

  1. Up to three (3) years of informal probation,20
  2. Up to six (6) months in a county jail,
  3. Up to one thousand dollars ($1,000) in fines plus court-assessed penalties,21
  4. Restitution to any victim(s) whose property you damaged, and
  5. Per the California DMV, two points on your driving record.22

The reality is that unless there are truly aggravating circumstances (such as allegations that you were driving under the influence), you probably won't be sentenced to any significant jail time for misdemeanor hit and run (at least not for a first offense).

What is a civil compromise in a California hit & run case?

On that note, if it is your first offense (with no aggravating circumstances, such as allegations of alcohol use), you may be permitted to engage in a so-called "civil compromise."

California Penal Code 1377 PC states that if a civil remedy-that is, a civil lawsuit for money damages-is available to someone who has been injured as the result of another's misdemeanor conduct, the case may be civilly compromised.23

If the judge allows you to participate under this law, your criminal charge alleging California misdemeanor hit and run will be dismissed once you have fully reimbursed the person(s) whose property you damaged.24

5. Related Offenses

5.1. Felony hit and run Vehicle Code 20001 VC

As we mentioned above, California hit and run becomes felony hit and run when...instead of just causing property damage...the car accident in question leads to physical injury to a person.25

The crime of felony hit and run in Vehicle Code 20001 VC has most of the same elements as misdemeanor hit and run: you were involved in an accident, you know or reasonably should have known about the accident and its effects, and you willfully failed to stop and identify yourself at the scene of the accident.26

The only difference is that, with felony hit and run, the effect of the accident has to have been the death or physical injury of someone other than yourself...and you have to have known, or have reasonably been expected to know, that injury or death occurred.27

In some cases, a prosecutor might choose to charge a defendant with both felony hit and run AND misdemeanor hit and run. For example, the accident may have resulted in both damage to the other driver's car and an injury to the other driver...but the prosecutor may be concerned that s/he may not be able to prove that you knew or should have known about the injury if it was fairly minor...and so may charge misdemeanor hit and run as well, since that may be easier to prove.

Despite its name, California felony hit and run is actually a wobbler ---meaning it can be tried, at the prosecutor's discretion, as a misdemeanor or a felony.28

If felony hit and run is tried as a felony, the penalties include a fine of one thousand ($1,000) to ten thousand ($10,000) dollars, and time in California state prison-up to three (3) years in most cases, but up to four (4) years if the accident resulted in death or "serious" physical injury.29 But if it is tried as a misdemeanor, any jail time will be served in county jail and will not be more than a one (1)-year sentence.30

5.2. California DUI

If the prosecutor asserts that you were under the influence of alcohol or drugs at the time of the accident...you may be charged with both California misdemeanor hit and run AND California DUI.

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People accused of DUI in California are typically charged with two separate offenses:

  1. Driving under the influence of alcohol and/or drugs under California Vehicle Code 23152(a) VC, and
  2. Driving with a blood alcohol content of .08% or greater under California Vehicle Code 23152(b) VC.31

Both of these offenses are misdemeanors.32 So the potential California DUI penalties for a first-time DUI conviction include:

  • At least ninety-six (96) hours and no more than six (6) months in county jail,
  • A fine of at least three hundred ninety dollars ($390) and no more than one thousand dollars ($1,000), and
  • A six (6)- to ten (10)-month suspension or restriction of your driver's license.33

If you find yourself facing charges for both California misdemeanor hit and run and California DUI, the penalties can really add up. Because DUI law is incredibly complicated, an attorney experienced in California DUI penalties can be a huge source of help in this sort of situation.

5.3. Driving without a license Vehicle Code 12500(a) VC

Let's say you are charged with misdemeanor hit and run....and it turns out that, at the time the accident occurred, your driver's license had expired. If this happens, you may also be charged with the California crime of driving without a license in California per Vehicle Code 12500 VC.

California Vehicle Code 12500(a) VC makes driving without a license a
misdemeanor.34 This means that potential penalties include up to six (6) months in county jail, and/or a fine of up to one thousand dollars ($1,000).35

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Call Us for Help...
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If you or loved one is charged with Vehicle Code 20002 VC hit and run and you are looking to hire an attorney for representation, we invite you to contact us at Shouse Law Group. We can provide a free consultation in office or by phone. We have local offices in Los Angeles, the San Fernando Valley, Pasadena, Long Beach, Orange County, Ventura, San Bernardino, Rancho Cucamonga, Riverside, San Diego, Sacramento, Oakland, San Francisco, San Jose and throughout California.

To learn more about hit and run laws in Nevada, go to our page on "Hit and Run" Laws in Nevada.

Legal References:

1 California Vehicle Code 20002 VC - Duty where property damaged [Misdemeanor hit and run]. ("(a) 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. The driver shall also immediately do either of the following: (1) Locate and notify the owner or person in charge of that property of the name and address of the driver and owner of the vehicle involved and, upon locating the driver of any other vehicle involved or the owner or person in charge of any damaged property, upon being requested, present his or her driver's license, and vehicle registration, to the other driver, property owner, or person in charge of that property. The information presented shall include the current residence address of the driver and of the registered owner. If the registered owner of an involved vehicle is present at the scene, he or she shall also, upon request, present his or her driver's license information, if available, or other valid identification to the other involved parties. (2) Leave in a conspicuous place on the vehicle or other property damaged a written notice giving the name and address of the driver and of the owner of the vehicle involved and a statement of the circumstances thereof and shall without unnecessary delay notify the police department of the city wherein the collision occurred or, if the collision occurred in unincorporated territory, the local headquarters of the Department of the California Highway Patrol. (b) Any person who parks a vehicle which, prior to the vehicle again being driven, becomes a runaway vehicle and is involved in an accident resulting in damage to any property, attended or unattended, shall comply with the requirements of this section relating to notification and reporting and shall, upon conviction thereof, be liable to the penalties of this section for failure to comply with the requirements. (c) Any person failing to comply with all the requirements of this section is guilty of 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.")

2 See California Vehicle Code 20001 VC - Duty to stop at scene of injury accident; penalties [Felony hit and run].

3 Judicial Council of California Criminal Jury Instructions ("CALCRIM") 2150 - Failure to Perform Duty Following Accident: Property Damage-Defendant Driver (Veh. Code, § 20002) [Misdemeanor hit and run]. ("The driver of a vehicle must perform the duties listed regardless of how or why the accident happened. It does not matter if someone else caused the accident or if the accident was unavoidable.")

4 California Vehicle Code 20002 VC - Misdemeanor hit and run. (" . . . (c) Any person failing to comply with all the requirements of this section is guilty of 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.")

5 See same. ("(a) 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. The driver shall also immediately do either of the following: (1) Locate and notify the owner or person in charge of that property of the name and address of the driver and owner of the vehicle involved and, upon locating the driver of any other vehicle involved or the owner or person in charge of any damaged property, upon being requested, present his or her driver's license, and vehicle registration, to the other driver, property owner, or person in charge of that property. The information presented shall include the current residence address of the driver and of the registered owner. If the registered owner of an involved vehicle is present at the scene, he or she shall also, upon request, present his or her driver's license information, if available, or other valid identification to the other involved parties. (2) Leave in a conspicuous place on the vehicle or other property damaged a written notice giving the name and address of the driver and of the owner of the vehicle involved and a statement of the circumstances thereof and shall without unnecessary delay notify the police department of the city wherein the collision occurred or, if the collision occurred in unincorporated territory, the local headquarters of the Department of the California Highway Patrol.") A driver who does not do the above things may be charged with misdemeanor hit and run.

6 See same.

7 CALCRIM 2150 - Misdemeanor hit and run. ("The driver of a vehicle must perform the duties listed regardless of how or why the accident happened. It does not matter if someone else caused the accident or if the accident was unavoidable.")

8 California Vehicle Code 20002 VC - Misdemeanor hit and run. ("(a) . . . . (2) Leave in a conspicuous place on the vehicle or other property damaged a written notice giving the name and address of the driver and of the owner of the vehicle involved and a statement of the circumstances thereof and shall without unnecessary delay notify the police department of the city wherein the collision occurred or, if the collision occurred in unincorporated territory, the local headquarters of the Department of the California Highway Patrol.")

9 People v. Fimbres, (Super. 1930) 107 Cal.App.Supp. 778 (Dogs and other domestic animals are considered property in California.  If a pet is hit in an accident, the driver is required to stop, pursuant to California Vehicle Code 20002 VC.)

10 Based on the facts of the same.

11 People v. Stansberry (1966) 242 Cal.App.2d 199, 204. ("It appears to be the general rule that where so-called 'hit-and-run' statutes are silent with respect to the place where the alleged hit-and-run offense must occur in order to constitute a violation of the statute, it is not necessary to allege and prove that the offense was committed on a public highway, but that the statute applies to accidents occurring on private property, or off a public highway.")

12California Vehicle Code 16025 VC - Accidents; exchange of information; fines and penalties. ("(a) Every driver involved in the accident shall, unless rendered incapable, exchange with any other driver or property owner involved in the accident and present at the scene, all of the following information: (1) Driver's name and current residence address, driver's license number, vehicle identification number, and current residence address of registered owner. (2) Evidence of financial responsibility, as specified in Section 16020. If the financial responsibility of a person is a form of insurance, then that person shall supply the name and address of the insurance company and the number of the insurance policy. (b) Any person failing to comply with all of the requirements of this section is guilty of an infraction punishable by a fine not to exceed two hundred fifty dollars ($250).")

13 CALCRIM 2150 - Misdemeanor hit and run. ("To prove that the defendant is guilty of this crime, the People must prove that: 1 While driving, the defendant was involved in a vehicle accident; 2 The accident caused damage to someone else's property; 3 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]; AND 4 The defendant willfully failed to perform one or more of the following duties: (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].")

14 See same. ("Someone commits an act willfully when he or she does it willingly or on purpose. It is not required that he or she intend to break the law, hurt someone else, or gain any advantage.")

15 People v. Carter, (App. 2 Dist. 1966) 243 Cal.App.2d 239 ("It is a misdemeanor for the driver of a vehicle in accident which results in property damage to fail to give his name, address and [if requested] vehicle registration number.")

16 CALCRIM 2150 - Misdemeanor hit and run. ("To prove that the defendant is guilty of this crime, the People must prove that: . . . 2 The accident caused damage to someone else's property; . . . .")

17 See same.

18 See same. ("To prove that the defendant is guilty of this crime [misdemeanor hit and run], the People must prove that . . . 3 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];  . . . .")

19 Ventura criminal defense attorney John Murray is a highly regarded criminal defense and DUI lawyer working throughout Los Angeles and Ventura counties. He has secured numerous "not guilty" verdicts in cases involving DUI and the California Vehicle Code. Murray represents clients at all area courthouses, including the Ventura Hall of Justice, the Santa Clarita courthouse, the San Fernando courthouse, and the Michael Antonovich Antelope Valley Courthouse.

20 California Penal Code 1203 PC - Probation; conditional sentence; probation officer investigation, report, and recommendations; restitution fine; court determination; misdemeanor conviction; persons ineligible for probation; release to another state; financial evaluation regarding restitution.

21 California Vehicle Code 20002 VC - Misdemeanor hit and run. ("(c) Any person failing to comply with all the requirements of this section is guilty of 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.")

22 California Vehicle Code 12810 VC - Traffic violation point counts; allocation of points. ("In determining the violation point count, the following shall apply: (a) A conviction of failure to stop in the event of an accident in violation of Section 20001 or 20002 shall be given a value of two points.")

23 California Penal Code 1377 PC  -- Authority to compromise misdemeanors [including misdemeanor hit and run] for which victim has civil action. ("When the person injured by an act constituting a misdemeanor has a remedy by a civil action, the offense may be compromised, as provided in Section 1378, except when it is committed as follows: (a) By or upon an officer of justice, while in the execution of the duties of his or her office. (b) Riotously. (c) With an intent to commit a felony. (d) In violation of any court order as described in Section 273.6 or 273.65. (e) By or upon any family or household member, or upon any person when the violation involves any person described in Section 6211 of the Family Code or subdivision (b) of Section 13700 of this code. (f) Upon an elder, in violation of Section 368 of this code or Section 15656 of the Welfare and Institutions Code. (g) Upon a child, as described in Section 647.6 or 11165.6.")

24 See same.

25 California Vehicle Code 20001 VC - Felony hit and run. ("(a) The driver of a vehicle involved in an accident resulting in injury to a person, other than himself or herself, or in the death of a person shall immediately stop the vehicle at the scene of the accident and shall fulfill the requirements of Sections 20003 and 20004.")

26 CALCRIM 2140 - Failure to Perform Duty Following Accident: Death or Injury-Defendant Driver [Felony hit and run]. ("To prove that the defendant is guilty of this crime, the People must prove that: 1 While driving, the defendant was involved in a vehicle accident; 2 The accident caused (the death of/ [or] [permanent, serious] injury to) someone else; 3 The defendant knew that (he/she) had been involved in an accident that injured another person [or knew from the nature of the accident that it was probable that another person had been injured]; AND 4 The defendant willfully failed to perform one or more of the following duties: (a) To immediately stop at the scene of the accident; (b) To provide reasonable assistance to any person injured in the accident; (c) To give to (the person struck/the driver or occupants of any vehicle collided with) or any peace officer at the scene of the accident all of the following information: . The defendant's name and current residence address; [AND] . The registration number of the vehicle (he/she) was driving(;/.)  <Give following sentence if defendant not owner of vehicle. > [[AND] . The name and current residence address of the owner of the vehicle if the defendant is not the owner(;/.)]<Give following sentence if occupants of defendant's vehicle were injured. > [AND . The names and current residence addresses of any occupants of the defendant's vehicle who were injured in the accident.] . . . .")

27 See same.

28 California Vehicle Code 20001 VC - Felony hit and run [compare to misdemeanor hit and run]. ("(b)(1) Except as provided in paragraph (2), a person who violates subdivision (a) shall be punished by imprisonment in the state prison, or in a county jail for not more than one year, or by a fine of not less than one thousand dollars ($1,000) nor more than ten thousand dollars ($10,000), or by both that imprisonment and fine. (2) If the accident described in subdivision (a) results in death or permanent, serious injury, a person who violates subdivision (a) shall be punished by imprisonment in the state prison for two, three, or four years, or in a county jail for not less than 90 days nor more than one year, or by a fine of not less than one thousand dollars ($1,000) nor more than ten thousand dollars ($10,000), or by both that imprisonment and fine. However, the court, in the interests of justice and for reasons stated in the record, may reduce or eliminate the minimum imprisonment required by this paragraph.")

29 See same.

30 See same.

31 California Vehicle Code 23152 VC - Driving under influence [could be charged along with misdemeanor hit and run]; blood alcohol percentage; presumptions. ("(a) It is unlawful for any person who is under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle. (b) It is unlawful for any person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle. For purposes of this article and Section 34501.16, percent, by weight, of alcohol in a person's blood is based upon grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath. In any prosecution under this subdivision, it is a rebuttable presumption that the person had 0.08 percent or more, by weight, of alcohol in his or her blood at the time of driving the vehicle if the person had 0.08 percent or more, by weight, of alcohol in his or her blood at the time of the performance of a chemical test within three hours after the driving.")

32 California Vehicle Code 40000.15 VC - Misdemeanors. ("A violation of any of the following provisions shall constitute a misdemeanor, and not an infraction: . . . Section 23152, relating to driving under the influence.")

33 California Vehicle Code 23536 - Conviction of first violation of § 23152; punishment.

34 California Vehicle Code 12500 VC - License requirements; motorized scooter engine requirements [Driving without a license---could be charged along with misdemeanor hit and run]; California Vehicle Code 40000.11 VC - Misdemeanors.

35 California Penal Code 19 PC - Punishment for misdemeanors; punishment not otherwise prescribed.

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