A civil compromise is no longer allowed in California hit-and-run cases. While it used to be available to help dismiss these offenses, in February 2019 the California Appellate Court ruled that a charge of misdemeanor hit and run, per Vehicle Code 20002 VC, could not be civilly compromised. See California vs. Dimacali.
The court made its ruling by noting that the essence of a hit and run (H&R) charge is:
- the defendant leaving the scene, and
- not the collision.
Civil compromises (“CCs”) take place in California criminal proceedings when a judge dismisses a criminal charge against a defendant after he compensates the victim for any damages his offense caused.
A CC is only available in misdemeanor cases. They are not allowed in felony cases. Civil compromise can be an effective defense strategy to get out of a hit and run charge.
Under California law, H&R is considered a crime under Vehicle Code 20001 and 20002. The crime is charged as a felony, per VC 20001, when the offense results in a person being injured or killed. In most other scenarios, VC 20002 says that a hit and run will be charged as a misdemeanor.
What is a civil compromise and when is it awarded?
A CC occurs when a judge dismisses a criminal charge because:
- the crime committed was a misdemeanor, and
- the victim of the crime was reimbursed, by the defendant, for any damages he caused.
Please note that for a civil compromise to even be available, an act must result in both criminal and civil liability.
In civil compromises, once an injured party is reimbursed for any losses or damages, the following events typically occur:
- the victim appears before the court where the criminal case is pending, and
- the court may order that all criminal charges will be dismissed.
What happened in the recent Appellate Court case?
The case is California vs Dimacali (Super. Ct. CA 274429). And, it ruled that a charge of misdemeanor H&R, per Vehicle Code 20002 VC, can no longer be civil compromised.
The facts of the case are that Lourdes Ortiz Dimacali was driving her vehicle in August 2016. She became involved in an incident with M.T. that resulted in property damage. Dimacali failed to locate and notify M.T., or the authorities, of the harm.
The total amount of the property damage was $1,166.78. Dimacali reimbursed M.T. for the full amount. In return, M.T. did not want her prosecuted and the hit-and-run case was dropped.
What did the judge say?
The judge in the Appellate court case made his ruling by following a 2017 California Supreme Court case. This case said that the essence of a misdemeanor H&R charge is:
- leaving the scene, and
- not the collision.
Please recall that for a civil compromise to even be available, an act must result in both criminal and civil liability. Given the Supreme Court’s decision, the Appellate court noted that leaving the scene of a crime (or the criminal act within a hit-and-run charge) cannot result in civil liability for the act itself causes no physical damage. Granted, a collision can indeed cause this type of liability, but that is not the thrust behind a H&R charge. Thus, without civil liability, no civil compromise can be available.
In particular, the judge stated:
“A victim of a misdemeanor hit and run sustains property damage from the collision, not from the driver leaving the scene without providing information. Thus, the victim is not injured by [the] act constituting the crime, but by the noncriminal condition precedent to the crime…We cannot envision a scenario to the contrary.”
When is a hit and run charged as a misdemeanor?
California Vehicle Code 20002 VC is the California statute that defines the crime of misdemeanor hit and run. A person can be charged with this crime if he:
- leaves the scene of an accident,
- without first identifying himself to the other party or parties involved, and
- another’s property was damaged in the accident.
Note that the misdemeanor offense is punishable by:
- imprisonment in the county jail for up to six months, and/or
- a maximum fine of $1,000.
When is a hit and run charged as a felony?
California Vehicle Code 20001 VC is the California statute that defines the crime of felony hit and run. A person can be charged with this crime if he:
- leaves the scene of an accident,
- without first identifying himself to the other party or parties involved, and
- another person was injured or killed.
The difference between VC 20002 misdemeanor hit and run and VC 20001 felony hit and run lies in the third bullet point above. While misdemeanor hit and run is concerned with property damage, felony hit and run is concerned with injury.
Note that a felony hit-and-run is actually a wobbler offense in California. This means it can be charged as either a misdemeanor or a felony.
If felony hit and run is prosecuted as a misdemeanor, the maximum penalties are:
- a fine between $1,000 and $10,000, and/or
- up to one year in county jail.
If a felony H&R is prosecuted as a felony, the maximum penalties are:
- a fine between $1,000 and $10,000, and/or
- imprisonment in state prison for 16 months to 3 years.
