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California hit and run statute does not require defendant's actual knowledge that the collision involved another person

By Walin & Klarich

Most recently the appellate court?s came down the with ruling above. In People v. Harbert, 170 Cal. App. 4th 42, the defendant was convicted of leaving the scene of an accident where there was an injury under Vehicle Code Section 20001. The defendant argued that the code section requires proof that the defendant had actual knowledge of having been involved in a hit and run accident that resulted in an injury to a person. The appellate court, however, opined that constructive knowledge is sufficient to show the accident or collision involved a person. Defendant Harbert in this case believed he hit a deer instead of a person, however, his actions after the accident was relevant to show knowledge of having been in an accident with a human being and not a deer...continue to full post

Full post as published by Southern California Criminal Defense Blog on March 05, 2009 (boomark / email).