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Hit and Run DUI Attorney in Pomona

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Hit and Run DUI Defense Attorney in Pomona, California

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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Understanding Hit and Run DUI Charges in Pomona

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.

The Hit and Run Component

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 Component

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.

Why Hit and Run DUI Cases Are Prosecuted Aggressively

Prosecutors and judges view hit and run DUI cases with particular severity for several reasons:

  • Public Safety Concerns: Leaving the scene of an accident, especially when injuries have occurred, demonstrates a disregard for the welfare of others and violates fundamental duties drivers have to stop and render aid.
  • Consciousness of Guilt: Fleeing the scene is often interpreted as evidence that you knew you were impaired and were attempting to avoid arrest for DUI.
  • Difficulty in Prosecution: When drivers leave the scene, it becomes more difficult for law enforcement to gather evidence of impairment, which frustrates the justice system and often results in enhanced charges and penalties.
  • Victim Impact: When injuries are involved, victims and their families often advocate strongly for harsh penalties, and prosecutors respond to these concerns.

Penalties for Hit and Run DUI in Pomona

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.

Standard DUI Penalties

For the DUI component alone, you face:

  • First-Time DUI: Up to six months in county jail, fines of approximately $2,000 or more (including penalty assessments), three to nine months of DUI education classes, six-month license suspension, and installation of an ignition interlock device.
  • Second or Subsequent DUI: Enhanced penalties including mandatory minimum jail time (96 hours for a second DUI, 120 days for a third DUI within 10 years), longer license suspensions, extended DUI classes, and longer IID requirements.

Hit and Run Penalties

For the hit and run component:

  • Property Damage Only (VC 20002): Up to six months in county jail, fines up to $1,000, restitution to property owners, and two points on your DMV driving record.
  • Injury Hit and Run (VC 20001) – Misdemeanor: 90 days to one year in county jail, fines up to $10,000, restitution to victims, and two points on your DMV record.
  • Injury Hit and Run (VC 20001) – Felony: 16 months to four years in state prison, fines up to $10,000, restitution to victims, and a permanent felony conviction on your record.

Combined Penalties

When hit and run and DUI charges are combined, you may face:

  • Consecutive Sentences: Judges have discretion to impose consecutive (back-to-back) sentences for each charge, potentially resulting in years of custody time.
  • Enhanced Penalties: The combination of offenses often results in judges and prosecutors seeking enhanced penalties even beyond the standard ranges.
  • Longer License Suspensions: Multiple violations can result in longer driver’s license suspension or revocation periods.
  • Strike on Your Record: A felony hit and run conviction can count as a strike under California’s Three Strikes Law, affecting penalties for any future felony convictions.
  • Restitution: You will be ordered to pay full restitution to all victims for medical expenses, property damage, lost wages, and other economic losses. According to the National Center for Victims of Crime[4], restitution in serious hit and run cases can total tens or even hundreds of thousands of dollars.
  • Professional Consequences: A felony conviction can result in loss of professional licenses, inability to obtain certain jobs, and disqualification from many career opportunities.

Immigration Consequences

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.

Common Scenarios Leading to Hit and Run DUI Charges in Pomona

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:

Minor Accident with Panic

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.

Delayed Discovery of Accident

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.

Fear of DUI Consequences

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.

Multi-Vehicle Accidents on Pomona Freeways

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.

Accidents Near Entertainment Districts

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.

Why People Leave the Scene: Understanding Does Not Mean Excusing

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:

  • Panic and Fear: The stress and adrenaline of an accident, combined with intoxication and fear of legal consequences, can lead to poor decision-making in the moment.
  • Lack of Awareness: Some drivers genuinely don’t realize they’ve been in an accident, particularly if the impact was minor or they were significantly impaired.
  • Belief that Damage Was Minimal: Some drivers believe that if damage is very minor, it’s acceptable to leave. This is legally incorrect, but the mistaken belief can be relevant to showing lack of criminal intent.
  • Attempting to Avoid DUI Detection: This is the scenario prosecutors most commonly allege, but it requires proof of your intent and state of mind at the time.

Building a Defense Against Hit and Run DUI Charges

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.

Challenging the DUI Evidence

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:

  • Rising Blood Alcohol Defense: Your blood alcohol concentration continues to rise for 30 minutes to two hours after you stop drinking. If you consumed alcohol after arriving home but before police arrived, we can argue that your BAC was below the legal limit while you were driving, even though it measured above 0.08% when tested later.
  • No Test or Delayed Testing: If police did not test your BAC immediately, or if you refused testing, the prosecution may lack sufficient evidence to prove you were over the legal limit while driving. According to the National Highway Traffic Safety Administration[6], the timing of chemical testing is critical to establishing accurate BAC levels.
  • Lack of Driving Observations: If no one witnessed your actual driving behavior, prosecutors may have difficulty proving you were impaired while driving, as opposed to becoming impaired afterward.
  • Improper Testing Procedures: We scrutinize all aspects of chemical testing, including calibration records, chain of custody, testing procedures, and laboratory protocols to identify errors that can undermine results.

Challenging the Hit and Run Evidence

Several defenses may be available to the hit and run charges:

  • Lack of Knowledge: You may not have known that an accident occurred. If the impact was minor, occurred in heavy traffic, or happened while you were distracted (though not distracted to the point of negligence), you may have a valid defense based on lack of knowledge.
  • Lack of Intent: Hit and run requires willful failure to stop. If you genuinely believed you had fulfilled your legal obligations, or if there was confusion about whether you were involved in an accident, this can negate the required criminal intent.
  • Unsafe to Stop: In rare circumstances, it may have been unsafe for you to stop at the scene due to traffic conditions, threats from other parties, or other legitimate safety concerns. California law recognizes that drivers may leave an accident scene and report the accident soon afterward if immediate stopping would be unsafe.
  • Mistaken Identity: Perhaps you were not the driver, or your vehicle was not involved in the accident. We investigate all evidence of vehicle identification and driver identification to ensure the prosecution can prove beyond a reasonable doubt that you were the driver who left the scene.
  • False Accusation: Unfortunately, false reports of hit and run do occur, sometimes due to misunderstandings, sometimes due to fraud (attempting to blame someone else for damage), and sometimes due to personal vendettas.

Challenging the Identification and Investigation

In many hit and run cases, the initial identification of the suspect comes from:

  • License Plate Information: Witnesses may have noted a partial plate number, which could match multiple vehicles.
  • Vehicle Description: Descriptions of make, model, and color can be inaccurate, especially when witnesses are stressed or the observation was brief.
  • Surveillance Footage: Video evidence may be poor quality, may not clearly show the driver, or may be ambiguous about whether contact actually occurred.
  • Later Admission: You may have made statements to police that were misunderstood, taken out of context, or obtained in violation of your Miranda rights.

We challenge all aspects of the identification and investigation, looking for weaknesses that create reasonable doubt.

Negotiating Reduced Charges

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:

  • DUI Reduced to Reckless Driving: In cases with weak DUI evidence, we may negotiate a reduction to “wet reckless” (Vehicle Code 23103.5) or even “dry reckless” (Vehicle Code 23103), which carry significantly less severe penalties.
  • Felony Hit and Run Reduced to Misdemeanor: When the case involves injuries but mitigating circumstances exist, we can sometimes negotiate a reduction from felony to misdemeanor charges, avoiding state prison and a felony conviction.
  • Hit and Run Dismissed in Exchange for DUI Plea: In some cases where the evidence of leaving the scene is weak, prosecutors may agree to dismiss the hit and run charge in exchange for a plea to the DUI.
  • Civil Compromise (for Property Damage Cases): Under California Penal Code Section 1377, if you make full restitution to all victims in a property-damage hit and run case, and the victims agree, the court may dismiss the criminal charges through a civil compromise.

The Investigation and Arrest Process

Understanding how hit and run DUI investigations typically unfold can help you recognize procedural issues and potential defenses in your case.

Initial Response and Scene Investigation

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:

  • Interviewing witnesses and obtaining descriptions of the vehicle and driver
  • Collecting physical evidence such as paint chips, debris, or surveillance video
  • Documenting the damage and any injuries
  • Obtaining partial or complete license plate information when available
  • Canvassing the area for additional witnesses or video footage

Tracking Down the Suspect

Using the evidence gathered at the scene, investigators attempt to identify and locate the suspect vehicle and driver. This may involve:

  • Running license plate searches through DMV databases
  • Reviewing red light cameras and traffic cameras in the area
  • Checking with local body shops for vehicles matching the description with fresh damage
  • Social media investigation and digital evidence
  • Following up with registered owners of vehicles matching the description

Contact with Suspect

When police locate you (often at your home), they will attempt to:

  • Verify that you were the driver
  • Question you about the accident and why you left the scene
  • Observe you for signs of intoxication
  • Request that you submit to field sobriety tests and chemical testing
  • Search for evidence in your vehicle (damage consistent with the accident, open containers, etc.)

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.

Arrest and Booking

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:

  • Photographed and fingerprinted
  • Held pending arraignment (or released on bail/own recognizance)
  • Advised of the charges against you
  • Given court date information

The DMV Administrative Hearing for Hit and Run DUI

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:

  • DUI-Based Suspension: Six months for a first offense, one year for refusal of chemical testing, with longer periods for repeat offenses.
  • Hit and Run Conviction: Additional one-year license suspension if convicted of hit and run causing injury.
  • Cumulative Effect: These suspensions may run consecutively, potentially resulting in years without driving privileges.

At the APS hearing, we can challenge the suspension by:

  • Questioning whether the officer had probable cause for the DUI arrest
  • Challenging the reliability and accuracy of chemical tests
  • Presenting evidence that your BAC was below 0.08% while driving
  • Demonstrating procedural violations that undermine the suspension

Even if the criminal case is pending, winning the DMV hearing can allow you to maintain your license during the court proceedings.

The Court Process for Hit and Run DUI Cases in Pomona

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.

Arraignment

Your first court appearance is the arraignment, where you will be:

  • Formally advised of all charges against you
  • Informed of your constitutional rights
  • Asked to enter a plea (guilty, not guilty, or no contest)
  • Advised of bail conditions or released on your own recognizance

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.

Preliminary Hearing (for Felony Charges)

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:

  • Cross-examine prosecution witnesses
  • Challenge the strength of the evidence
  • Potentially get charges reduced or dismissed
  • Learn details of the prosecution’s case to inform our defense strategy

Pretrial Proceedings

During the pretrial phase, we engage in extensive investigation, motion practice, and negotiation:

  • Discovery: We obtain all evidence the prosecution intends to use, including police reports, witness statements, surveillance videos, photographs of damage and injuries, medical records, chemical test results, and expert reports.
  • Independent Investigation: We conduct our own investigation, which may include hiring private investigators, accident reconstruction experts, toxicology experts, and other specialists to analyze the evidence and develop defense theories.
  • Pretrial Motions: We file motions to suppress evidence, dismiss charges, exclude testimony, or obtain additional discovery. Successful motions can dramatically weaken the prosecution’s case.
  • Plea Negotiations: We engage in ongoing negotiations with prosecutors to explore opportunities for charge reduction, case dismissal, or favorable plea agreements.

Trial

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:

  • Multiple witnesses (accident victims, bystanders, investigating officers, experts)
  • Technical evidence (accident reconstruction, BAC calculations, video analysis)
  • Emotional testimony from injured victims
  • Expert testimony on both sides

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.

Sentencing

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:

  • Presenting mitigating evidence (your character, remorse, efforts at restitution, life circumstances)
  • Arguing for probation rather than custody
  • Seeking alternative sentencing options
  • Recommending treatment programs, community service, or other conditions in lieu of incarceration

Why Immediate Legal Representation Is Critical

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:

  • Evidence Preservation: Physical evidence, surveillance footage, and witness memories deteriorate rapidly. We need to act immediately to preserve evidence that may help your defense.
  • Protecting Your Rights: Law enforcement will attempt to question you and gather evidence. Having an attorney ensures your rights are protected and you don’t make statements that can be used against you.
  • DMV Hearing Deadline: You have only 10 days to request a DMV hearing. Missing this deadline results in automatic license suspension.
  • Early Negotiation: The sooner we engage with prosecutors, the more opportunity we have to influence charging decisions and negotiate favorable outcomes.
  • Preventing Additional Charges: If you are under investigation but not yet charged, immediate legal counsel may prevent charges from being filed or minimize the charges that are filed.
  • Restitution Arrangements: Early contact with victims and their attorneys to arrange restitution can demonstrate responsibility and may lead to more favorable treatment by prosecutors and the court.

Special Considerations for Hit and Run DUI Cases

Hit and run DUI cases present unique challenges and considerations that require specialized legal expertise.

Victim Involvement

Unlike many DUI cases, hit and run cases often involve identified victims who are actively involved in the prosecution. Victims may:

  • Provide testimony at hearings and trial
  • Submit victim impact statements
  • Advocate for harsh penalties
  • Pursue civil lawsuits for damages

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.

Civil Liability

In addition to criminal charges, you will likely face civil liability for damages caused in the accident. This may include:

  • Personal injury claims for medical expenses, lost wages, pain and suffering
  • Property damage claims for vehicle repairs or replacement
  • Potential punitive damages if the conduct was particularly egregious

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.

Media Attention

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-Specific Considerations

Pomona’s unique characteristics affect how hit and run DUI cases are investigated and prosecuted:

  • High-Traffic Areas: The city’s position at the intersection of multiple freeways means accidents often involve California Highway Patrol in addition to local police, potentially complicating investigations.
  • Surveillance Coverage: Downtown Pomona and commercial areas have extensive surveillance camera coverage, which can provide evidence in hit and run investigations.
  • Diverse Community: With approximately 71.3% of the population identifying as Hispanic or Latino according to the U.S. Census Bureau[3], language and cultural considerations may be important in witness interviews and case presentation.
  • Local Resources: Pomona has access to sophisticated accident reconstruction resources, forensic laboratories, and expert witnesses through the Los Angeles County Sheriff’s Department and other regional agencies.

Our Commitment to Clients Facing Serious Charges

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:

  • Immediate Action: We act quickly to preserve evidence, request DMV hearings, and begin building your defense while evidence is fresh.
  • Thorough Investigation: We leave no stone unturned in investigating every aspect of your case, retaining experts when necessary, and identifying all possible defenses.
  • Aggressive Advocacy: We fight tirelessly for your rights at every stage, from initial appearances through trial if necessary.
  • Honest Communication: We provide realistic assessments of your case and keep you informed throughout the process.
  • Personalized Strategy: We develop defense strategies tailored to your unique circumstances and goals.
  • Bilingual Services: We serve clients in both English and Spanish, ensuring language is never a barrier to excellent representation.
  • Proven Results: We have successfully defended numerous clients facing serious hit and run DUI charges, achieving dismissals, charge reductions, and minimized penalties.
  • Accessibility: When you have questions or concerns, we’re here. We return calls promptly and make ourselves available when you need us.

Understanding the Emotional Toll

We recognize that facing hit and run DUI charges takes a tremendous emotional toll. You may be experiencing:

  • Overwhelming fear about potential prison time
  • Guilt about the accident and any injuries caused
  • Shame about the charges and their impact on your reputation
  • Anxiety about losing your job, license, and freedom
  • Stress about the financial costs of legal defense and restitution
  • Worry about immigration consequences if you’re not a U.S. citizen
  • Depression about how this incident will affect your future

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.

The Importance of Taking Responsibility

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:

  • Making Restitution: Promptly and fully compensating victims for their losses demonstrates accountability and can significantly influence how prosecutors and judges view your case.
  • Addressing Substance Abuse Issues: If alcohol abuse contributed to your situation, voluntarily seeking treatment shows you are taking steps to prevent future incidents.
  • Participating in Victim Impact Programs: Some defendants benefit from programs that help them understand the impact of impaired driving and hit and run offenses.
  • Demonstrating Remorse: Genuine remorse and understanding of the seriousness of your actions can be mitigating factors during plea negotiations and sentencing.

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.

Your Future Starts Now

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:

  • You are presumed innocent until proven guilty
  • The prosecution must prove every element of every charge beyond a reasonable doubt
  • You have constitutional rights that protect you
  • Many defenses may be available in your case
  • Charges can sometimes be reduced or dismissed
  • Even when convictions occur, sentences can often be minimized through effective advocacy

Don’t wait another moment to protect your rights and your future. Contact Tu Defensor Criminalista today for your free, confidential consultation.

Frequently Asked Questions – Hit and Run DUI

Should I turn myself in if I left the scene of an accident?

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.

What if I didn’t know I was in an accident?

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.

Can I be charged with DUI if I wasn’t tested until hours later?

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.

What if the other driver wasn’t injured at the scene but claimed injuries later?

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.

Will I definitely go to prison for a felony hit and run DUI?

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.

Can the hit and run charge be dismissed if I pay restitution?

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.

How long do I have before charges are filed?

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.

What if I was drinking after I got home, before police arrived?

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.

Will my insurance cover the damages if I left the scene?

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.

Can I get a restricted license while my case is pending?

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.

Contact Tu Defensor Criminalista for Pomona Hit and Run DUI Defense

Service areasProudly Serving Pomona and Los Angeles County
LanguagesEnglish & Spanish (Hablamos Español)
Get a Free Consultation

Remember:

  • Request DMV hearing within 10 days of arrest
  • Don’t talk to police without attorney
  • Don’t plead guilty without exploring defenses
  • Free consultation – call now

Sources

  1. California Vehicle Code Section 20001 (leginfo.legislature.ca.gov)
  2. California Office of Traffic Safety (ots.ca.gov)
  3. U.S. Census Bureau (census.gov)
  4. National Center for Victims of Crime (victimsofcrime.org)
  5. U.S. Citizenship and Immigration Services (uscis.gov)
  6. National Highway Traffic Safety Administration (nhtsa.gov)
  7. California Department of Motor Vehicles (dmv.ca.gov)
  8. Insurance Information Institute (iii.org)
  9. Substance Abuse and Mental Health Services Administration (samhsa.gov)

Client Trust & Avvo Recognition

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.

I was arrested for a DUI just recently, since Spanish is my first language, it was important to find a great attorney who was bilingual. Getting your first DUI can...
Christian
Armando cespedes went above and beyond for my case. I was very close to getting my license revoked as I am under the age of 21 and received my second...
Nathan
I was referred to Mr. Cespedes by a family friend who was very pleased with his legal services. Unfortunately, I got a DUI a few months ago and I was...
Connie
He cares and did everything possible to help me resolve my case. I was worried about my hit and run and DUI case. Not only did he go to court...
Pablo M.
Armando gets results with your best interest in mind. I was wrongfully being accused of making primal threats. Even though I was innocent, I was aware that the accusations are...
Raul
Extremely professional I recently had a brief phone consultation with Mr. Cespedes regarding a longtime friend of mine. Although he was unable to assist him with his legal needs, I...
Shereen

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