Reply #140: Hit & Run [View All]

[SouthernDem2004]

Your attorney needs to get a copy of the report with the Officer's statement or speak to the Officer. The results hinge on what he says. If he says your wife was driving like a maniac and jumped out of the car and laughed at the innocent child she struck she is in deep trouble. I am sure he will say nothing like that but the odds are his story is what the jury will believe.

Make sure you have a criminal attorney familiar with the court she is to appear in. Also, Call the DA and have a meeting with him. The whole thing seems to be a honest mistake but that does not mean she will not get convicted. You may be able to get him to reduce the charge. Avoid going to trial if you can.

The one thing you both have to realize is that she did commit a crime. It seems unlikely she knew the child was injured but she is still required to remain on scene or notify authorities. I doubt she will get off with no charge. She should take the misdemeanor. (Just my opinion.)


Please do not let your attorney give you a false sense of comfort. If this goes to trial she could very well lose. Take this seriously. Here is a copy of the statue that applies: http://www.leginfo.ca.gov/cgi-bin/displaycode?section=veh&group=19001-20000&file=20000-20018

Good luck