Hit and Run Property Damage - Please Advise!

[imlinked]

What is the name of your state (only U.S. law)? California, Yolo County

Hi, so this is my story...

I was taking my friend to the San Francisco International Airport early in the morning at about ~8:34am. It's a 2:30 hour drive and the flight was at 11:00am. The morning mist made my windshield fog up and I hit a street light post with my front bumper, falling over and cracked my front windshield. I did not have the local police department phone number and was unsure if I should contact 911. I also did not know about calling the police first.

I pondered about making a police report the local police station directly but figured if I did go my friend would miss the flight. I was also in a state of shock and stayed in the car for a bit. In the end I got off the car, moved the glasses across to the sidewalk (so other cars wont run over them), and decided that I would make a phone call to the insurance company instead.

The car was still in drivable condition so I took off, and the phone call was made around 8:40 and talked to the insurance representive to file a claim. I told the representative what happened and that I did not make a police report yet. The representative said I should as soon as possible. I told her I was dropping off my friend to the airport and asked if she knew the local police department number for my area. She said she did not have that number. I also asked if I should call 911 although it was not an emergency, or, if I should stop by the police station (which was my original plan) after I dropped off my friend. She said I should stop by the police station.

As I was driving I received a call from my father that the police contacted my permanent address (I currently live in an apartment attending college, while the vehicle was registered to my permanent address in LA) and told me the police was trying to contact me. He gave me the contact number to the police officer responsible for this case.

So promptly I made the phone call to the police officer, which was around 9:10am (not sure on the EXACT time, but it was a few minutes after hanging up with the insurance representative). The police officer said someone reported the accident. I told him that I was planning on dropping by the police station after dropping off my friend at the airport and that I already contacted the insurance company... where the insurance company would handle the costs with the city.

After dropping my friend off I visited the police office and the officer charged me with hit and run for not reporting the incident to the police. I explained my situation but told me that I should have just called 911 if I did not have the local number, and that calling the insurance company does not excuse me.

So that is my story. I was worried sick, and after about 3 months I received a mail from the district attorney. Tomorrow is my graduation, some present I got huh? My life is ruined! What should I do?

[CdwJava]

Your life is not "ruined". You may have to go to court on the matter, and you may well have to pay for damages, pay a fine, and go on probation for a short time, but you are almost certainly not going to the big house for this.

State law requires you to contact the property owner. Since you did not do so, you will have to face the music.

Oh, and your story falls a little flat ... a 2 1/2 hour drive starting at 8:30 AM would put you AT the airport at the time of his flight (11 AM). That means that your pal was missing his flight anyway since you need to get there at LEAST an hour ahead of time, though it is recommended getting their 2 hours early. So, if you told THAT story to the cops, they probably didn't buy it.

- Carl

[imlinked]

I'm sorry I got the story mixed up, but I assure you it wasn't fabricated. It's been 3 months and what I remembered back then was that I had to get my friend to the airport an hour before. On the police report I believe I have stated that my friend had to be there by 11, and the flight was probably at 12. Just a math error in my part writing this at 12 am in the morning >_<

Yes, I understand now that I had to contact the property owner... and had it been a personal property/vehicle I may not (or may) have done what I did. But it was a public street light and had no idea who to contact... so I contacted my insurance company. (btw, the damages has already been taken care of between my insurance company and the city)

I have a court appointment, would you suggest that I take the airplane ticket confirmation with me..? My friend's name and info was taken in the police report (and the person that reported the incident described the passenger next to me as well).

Also, do you know how cases such as these are proceeded? Are considerations taken? I do understand that I have broken the law, but it wasn't through intent. And although I did make an attempt to resolve the issue, I made a bad decision on my part by contacting the wrong party.

[imlinked]

ack, double post - deleted.

[cyjeff]

The possibility of a missed flight does not excuse illegal behavior.

And you absolutely intended to break the law. You knew what you should have done.... you should have called 911. You decided not to so that you could take your friend to the airport instead.

That was intentional.

[imlinked]

Thank you for the response.

I understand it was illegal, although I can't quite agree to the fact that it was intentional... I wasn't sure if it was an emergency warranting a 911 (I never ever used this number before, and hopefully I never will have to in the future). I simply called my insurance. I wasn't planning on avoiding responsibility, if anything, I was glad when the officer contacted ME after the incident =/

Anyways, what can I do? Do you suggest I get an attorney? Will having an attorney help in reducing the punishment? I hear the average sentence for such a case is a fine and 6 months in jail. Or is this a lost cause and I should just save the money?

[cyjeff]

Originally Posted by imlinked

Thank you for the response.

I understand it was illegal, although I can't quite agree to the fact that it was intentional... I wasn't sure if it was an emergency warranting a 911 (I never ever used this number before, and hopefully I never will have to in the future). I simply called my insurance. I wasn't planning on avoiding responsibility, if anything, I was glad when the officer contacted ME after the incident =/

Anyways, what can I do? Do you suggest I get an attorney? Will having an attorney help in reducing the punishment? I hear the average sentence for such a case is a fine and 6 months in jail. Or is this a lost cause and I should just save the money?

The moment you choose to leave the scene of an accident... especially after considering calling the police and deciding against it... then calling your insurance company, being told you should immediately go to the police department and deciding against it... you made conscious choices.

Conscious choices indicate intent.

Get an attorney. Leave your friend and his/her plane ticket behind. The judge will take a very dim view of your excuse.

[CdwJava]

Yes, obtain an attorney. No, you are not likely to spend time in jail. Fines and fees of about $1,140 and 2 points on your license (and increased insurance rates) are very likely.

- Carl

[LSCAP]

It's strange how we view the law

I seem to remember some Kennedy who left a woman in a car under water and didnt report it until the next day.
Yep. she was and still is dead.

No injuries or injured persons left behind, so.. What's the problem? The op reported as soon as he could.

[FlyingRon]

California is a far cry from Massachusetts.

[CdwJava]

Originally Posted by FlyingRon

California is a far cry from Massachusetts.

And the OP is not a Kennedy.

- Carl

[imlinked]

Thank you all for your constructive advice!

Yesterday was the big day for me and I was pretty nervous. However, things went pretty well... the D.A. gave me the option of having the charges dismissed with an agreement to attend a class for a day, or, talk to an appointed lawyer. Naturally I agreed to attending class and have the charges dismissed!

It was a bit awkward because I was totally waiting for her to read the pleas I can enter (guildy, not guilty, no contest), so I stood there and asked "dismissed? what? what do you mean your honor?" heh...

P.S. I was a bit shocked at the above poster when he compared me to a murderer (Kennedy incident... I'm not familiar with this case), but I can see what he was trying to get at. Anyways, thank you all for your advice!