
Being involved in a hit and run incident while under the influence of alcohol is one of the most serious criminal situations you can face in California. If you have been arrested or are under investigation for hit and run DUI in Pomona, you are facing multiple criminal charges that carry severe penalties, including significant jail or prison time, substantial fines, lengthy license suspensions, and a permanent criminal record that can impact your life for years to come. At Tu Defensor Criminalista, we understand the gravity of your situation and the fear and uncertainty you are experiencing. Our experienced team of criminal defense attorneys is here to provide you with aggressive, knowledgeable legal representation during this critical time.
Hit and run DUI cases are particularly complex because they involve the intersection of two separate but equally serious offenses: driving under the influence and leaving the scene of an accident. Each charge carries its own penalties, and when combined, the consequences can be devastating. However, having multiple charges also means there are multiple opportunities to challenge the prosecution’s case, and our skilled attorneys know how to identify weaknesses in the evidence and develop comprehensive defense strategies tailored to your unique situation.
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Hit and run DUI cases involve two distinct sets of criminal charges that the Los Angeles County District Attorney’s office will pursue against you. Understanding each component is essential to mounting an effective defense.
California Vehicle Code Sections 20001 and 20002 govern hit and run offenses. The specific charge you face depends on whether the accident resulted in injury or only property damage.
Hit and Run with Injury (Vehicle Code 20001): This is the more serious offense, charged when an accident results in injury to another person. According to California Vehicle Code Section 20001[1], if you are involved in an accident that causes injury to another person, you are legally required to immediately stop at the scene, provide your contact and insurance information, and render reasonable assistance to any injured person. Failing to do so is a felony or misdemeanor (a “wobbler” offense), punishable by 90 days to one year in county jail if charged as a misdemeanor, or 16 months to four years in state prison if charged as a felony.
Hit and Run with Property Damage (Vehicle Code 20002): This offense applies when an accident causes damage to property only, with no injuries. You are required to stop and either locate the property owner to provide information or leave a note with your contact information. Violation of this section is typically charged as a misdemeanor, punishable by up to six months in county jail and fines up to $1,000.
The DUI charges typically filed in hit and run cases include violations of California Vehicle Code Section 23152[1], which prohibits driving under the influence of alcohol or drugs, or driving with a blood alcohol concentration (BAC) of 0.08% or higher.
According to the California Office of Traffic Safety[2], DUI-related accidents account for a significant percentage of traffic collisions throughout the state. In Pomona, a city of approximately 151,713 residents according to the U.S. Census Bureau[3], DUI enforcement is a priority for both the Pomona Police Department and the California Highway Patrol, particularly on major thoroughfares like Interstate 10, State Route 60, and State Route 71.
When DUI charges are combined with hit and run charges, prosecutors take an especially aggressive approach, viewing the defendant as someone who not only drove while impaired but also fled the scene to avoid responsibility and possibly to evade detection for the DUI.
Prosecutors and judges view hit and run DUI cases with particular severity for several reasons:
The penalties for hit and run DUI depend on multiple factors, including whether injuries occurred, the extent of any injuries, your prior criminal history, your BAC level, and whether you have prior DUI convictions. Because you face multiple charges, the penalties can stack and compound significantly.
For the DUI component alone, you face:
For the hit and run component:
When hit and run and DUI charges are combined, you may face:
For non-U.S. citizens, a hit and run DUI conviction can have severe immigration consequences. According to U.S. Citizenship and Immigration Services[5], certain criminal convictions can render individuals deportable or inadmissible. A felony conviction is particularly serious and may result in deportation proceedings, even for legal permanent residents.
Given that approximately 40.8% of Pomona’s population is foreign-born according to the U.S. Census Bureau[3], this immigration consequences are highly relevant to many members of our community.
Understanding how these cases typically develop can help you recognize potential defenses and issues in your case. Hit and run DUI arrests in Pomona commonly arise in several scenarios:
You are involved in a minor collision (perhaps a fender bender in a parking lot or a minor rear-end accident on Holt Avenue or Garey Avenue in downtown Pomona), and after briefly assessing the damage, you leave the scene. Perhaps you didn’t realize the legal requirement to stop and exchange information, or you panicked because you had been drinking and feared arrest for DUI. Later, law enforcement tracks you down using witness statements or surveillance footage.
You strike a parked vehicle or property while driving, but due to impairment or distraction, you don’t realize you’ve caused damage. You continue driving home, and only later do police arrive at your residence to investigate a hit and run report.
You are involved in an accident and, knowing you are over the legal limit, you flee the scene hoping to avoid DUI charges. You may go home to “sleep it off,” not realizing that fleeing can result in even more serious charges than the DUI alone.
Pomona’s location at the intersection of I-10, SR-60, and SR-71 means the city experiences significant freeway traffic and accidents. A DUI-related collision on one of these freeways, followed by fleeing the scene, can result in particularly serious charges, especially if injuries occur.
Pomona’s downtown area, particularly around the Fox Theater and other entertainment venues, sees increased DUI enforcement. Accidents occurring after a night out, followed by attempts to leave the scene, are common scenarios for hit and run DUI charges.
While leaving the scene of an accident is never legally justified (except in rare circumstances involving fear for your own safety), understanding why people make this decision can inform defense strategies:
At Tu Defensor Criminalista, we employ comprehensive, multi-layered defense strategies for hit and run DUI cases. These complex cases require thorough investigation, expert analysis, and aggressive advocacy at every stage of the proceedings.
Even if the hit and run allegations are difficult to dispute, we can often successfully challenge the DUI component of the case. By the time law enforcement locates you after you’ve left the scene, significant time may have passed since you were actually driving. This creates several opportunities for defense:
Several defenses may be available to the hit and run charges:
In many hit and run cases, the initial identification of the suspect comes from:
We challenge all aspects of the identification and investigation, looking for weaknesses that create reasonable doubt.
In many hit and run DUI cases, particularly those involving only property damage or minor injuries, we can negotiate with the Los Angeles County District Attorney’s office for reduced charges:
Understanding how hit and run DUI investigations typically unfold can help you recognize procedural issues and potential defenses in your case.
When a hit and run is reported in Pomona, officers from the Pomona Police Department or California Highway Patrol respond to the scene and conduct an investigation that includes:
Using the evidence gathered at the scene, investigators attempt to identify and locate the suspect vehicle and driver. This may involve:
When police locate you (often at your home), they will attempt to:
This is a critical moment where you must exercise your rights. You have the right to remain silent and the right to an attorney. Anything you say can and will be used against you. While you should be cooperative and polite, you should respectfully decline to answer questions without your attorney present.
If investigators believe they have sufficient evidence, you will be arrested for both hit and run and DUI. You will be transported to the Pomona Police Department for booking, where you will be:
In addition to the criminal court case, a hit and run DUI arrest triggers administrative action by the California Department of Motor Vehicles[7] that can result in license suspension independent of any criminal conviction.
When arrested for DUI, you have 10 days to request an Administrative Per Se (APS) hearing to challenge the license suspension. This deadline is critical and must not be missed. At Tu Defensor Criminalista, we immediately request this hearing for our clients to protect their driving privileges.
For hit and run DUI cases, the license consequences can be particularly severe:
At the APS hearing, we can challenge the suspension by:
Even if the criminal case is pending, winning the DMV hearing can allow you to maintain your license during the court proceedings.
Hit and run DUI cases are prosecuted in the Pomona Courthouse, located at 400 Civic Center Plaza, Pomona, CA 91766. The court process is more complex than a standard DUI because multiple charges are involved, and felony charges (if filed) require preliminary hearings and additional procedures.
Your first court appearance is the arraignment, where you will be:
At Tu Defensor Criminalista, we appear with you at arraignment to protect your rights and ensure you understand the charges. We typically enter a not guilty plea, which preserves all options while we investigate your case.
If you are charged with felony hit and run, you are entitled to a preliminary hearing where a judge determines whether there is sufficient probable cause to hold you over for trial. This hearing provides an important opportunity to:
During the pretrial phase, we engage in extensive investigation, motion practice, and negotiation:
If your case proceeds to trial, you have the right to a jury trial for all charges. Hit and run DUI trials are complex, often involving:
Our experienced trial attorneys are skilled at presenting persuasive defenses in complex DUI and hit and run cases. We have the resources and expertise to effectively cross-examine prosecution witnesses, present expert testimony, and argue compelling defenses to the jury.
If convicted or if you enter a guilty or no contest plea, the court will proceed to sentencing. We advocate vigorously for the most lenient sentence possible by:
Hit and run DUI cases are among the most serious criminal matters we handle, and immediate legal representation is absolutely essential for several critical reasons:
Hit and run DUI cases present unique challenges and considerations that require specialized legal expertise.
Unlike many DUI cases, hit and run cases often involve identified victims who are actively involved in the prosecution. Victims may:
Navigating the victim aspect requires sensitivity, professionalism, and strategic thinking. While we advocate aggressively for our clients, we also recognize the legitimate interests of victims and work to address their concerns through restitution and other means when appropriate.
In addition to criminal charges, you will likely face civil liability for damages caused in the accident. This may include:
According to the Insurance Information Institute[8], hit and run accidents can result in complex insurance issues, as your policy may not cover damages when you flee the scene. We can coordinate with civil attorneys to address both the criminal and civil aspects of your case.
Serious hit and run DUI cases, particularly those involving significant injuries or fatalities, may attract media attention. This can complicate the case and affect jury pools. We have experience managing cases with media scrutiny and protecting our clients’ rights and reputations.
Pomona’s unique characteristics affect how hit and run DUI cases are investigated and prosecuted:
At Tu Defensor Criminalista, we recognize that hit and run DUI charges represent some of the most serious criminal matters our clients face. We approach these cases with the gravity and urgency they deserve, while also providing the compassion and support our clients need during this difficult time.
Our commitment includes:
We recognize that facing hit and run DUI charges takes a tremendous emotional toll. You may be experiencing:
These feelings are normal and understandable. According to the Substance Abuse and Mental Health Services Administration[9], individuals involved in the criminal justice system benefit from both legal advocacy and personal support systems.
At Tu Defensor Criminalista, we provide not just legal representation, but also support and guidance during this challenging time. We can connect you with resources for substance abuse treatment, counseling, or other services if needed, and we treat every client with the dignity and respect they deserve.
While we vigorously defend your legal rights and challenge the prosecution’s evidence, we also believe in the importance of taking appropriate responsibility for your actions. This may include:
Taking responsibility does not mean giving up your legal defenses or accepting whatever punishment the prosecution seeks. Rather, it means acknowledging the seriousness of what occurred while still asserting your constitutional rights and working toward the best possible legal outcome.
Hit and run DUI charges are among the most serious criminal matters you can face, but they don’t have to destroy your future. With experienced legal representation from Tu Defensor Criminalista, you can fight these charges and work toward a resolution that allows you to move forward with your life.
Remember:
Don’t wait another moment to protect your rights and your future. Contact Tu Defensor Criminalista today for your free, confidential consultation.
If you left the scene of an accident and have not yet been contacted by police, it may be beneficial to contact an attorney before turning yourself in. We can potentially negotiate the terms of your surrender, prepare you for questioning, and potentially influence how charges are filed. In some cases, voluntary surrender with an attorney may be viewed favorably by prosecutors.
Lack of knowledge is a valid defense to hit and run charges. If you genuinely did not know you were involved in an accident (perhaps you hit something in the dark or during heavy traffic), this can negate the required criminal intent. We gather evidence to support this defense, including the nature of the impact, your vehicle damage patterns, and conditions at the time.
Yes, but the delayed testing creates opportunities for defense. The prosecution must prove you were over the legal limit while driving, not just when tested hours later. We can argue rising BAC, consumption after driving, and reliability issues with delayed testing.
This scenario occurs frequently and can affect charging decisions. Medical evidence, ambulance reports, and witness statements about the other party’s condition at the scene all become crucial evidence. Sometimes alleged injuries are exaggerated or unrelated to the accident.
Not necessarily. While felony charges carry potential state prison sentences, many factors affect sentencing, including your criminal history, the severity of injuries, mitigating circumstances, and your attorney’s advocacy. In some cases, probation with county jail time may be achievable even for felony charges.
For property-damage hit and run cases, yes—California Penal Code Section 1377 allows for “civil compromise” where charges can be dismissed if you make full restitution and the victim agrees. This option is not available for hit and run causing injury.
California’s statute of limitations for hit and run is generally three years for misdemeanors and three years for felonies. However, if investigators identify you quickly, charges are often filed within weeks or months. The statute of limitations for DUI is generally one year for misdemeanors and three years for felonies.
This is the “drinking after driving” defense and can be very effective. If you can establish that you consumed alcohol after arriving home but before police contact, this creates reasonable doubt about whether you were over the legal limit while driving. Documentation, witness testimony, and other evidence can support this defense.
This is a complicated question that depends on your specific policy language. Many insurance policies exclude coverage for damages that occur when you intentionally leave the scene of an accident. You should consult with both your criminal defense attorney and an insurance attorney. Never make statements to your insurance company without first consulting with your attorney.
Possibly. If you win your DMV hearing, your license remains valid during the criminal proceedings. If the DMV upholds the suspension, you may be eligible for a restricted license with an ignition interlock device that allows driving to work, school, and DUI classes, though additional restrictions may apply for hit and run convictions.
Remember:
Attorney Armando Josué Cespedes is rated 5.0 on Avvo, with 34 five-star reviews from clients praising his dedication, professionalism, and results. Many note how his trial skills and attention to detail led to reduced charges or outright dismissals.












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