28 Jan 2019
The Los Angeles Police Department is investigating the circumstances surrounding the discovery of a top commander’s unmarked police vehicle being involved in a collision and found abandoned in Carson. The commander, who oversees a team of officers that investigate officer-involved shootings, has been assigned to home pending the outcome of this investigation.
The unmarked car was found Friday morning after Carson Sheriff’s station received two calls about the car being abandoned. The car has collision damage and was missing a wheel.
Now, anyone with common sense would probably think there is only one reason why an incident like this would occur – drinking and driving. Of course there may be other explanations – he was distracted, was doing something during the accident that he should not have been doing, etc. But, in my experience, when a car that was involved in a collision is abandoned, typically the driver was under the influence.
If a vehicle is left at, or near, the scene of a collision and no one is there upon law enforcement’s arrival, their ability to prove that a DUI was committed is difficult. They will have a hard time being able to establish the time of driving, whether the registered owner was the person operating the vehicle, they might not be able to obtain any blood alcohol sample, can’t show that the person didn’t ingest any substances after driving, etc. What they are more likely to be able to do is to pursue an investigation for hit-and-run and leaving the scene of an accident without exchanging insurance information.
In order to be convicted of a hit-and-run in California, the prosecutor must prove, beyond a reasonable doubt, that you left the scene of an accident, without first identifying yourself, and another’s property was damaged in the accident. A hit-and-run, while not the most serious crime on the books, can lead to a number of unpleasant consequences for a person convicted of one. Not only is it a conviction on your record, you will be faced with fines, probation, 2 points on your license from the DMV and are likely to be responsible for any restitution to the victim.
If you or a loved one has been charged, or is being contacted by law enforcement, for a hit-and-run, contact attorney Ross Erlich as soon as possible. There are many options available to you/our side on these cases and many of them begin with how we handle things in the initial stages. Attorney Ross Erlich handles hit-and-run cases in Los Angeles, Orange, San Bernardino and Ventura counties.
11 Dec 2018
A 55-year-old man who fled the scene of a vehicle-versus-pedestrian crash in Studio City that killed a musical collaborator of singer Christopher Cross was sentenced Monday to three years formal probation.
The Defendant, who earlier pleaded no contest to hit-and-run driving resulting in death, was also ordered to complete 18 months of mental health counseling as part of the sentence negotiated with prosecutors.
Vehicle Code section 20001, also known as felony hit-and-run involving death or injury, is a wobller in California. That means that the District Attorney may prosecute the crime as either a felony or misdemeanor, depending on the conduct and facts of the case. A misdemeanor is punishable by a fine of between $1,000 and $10,000 and no less than 90 days of county jail and no more than 1 year in county jail. This is a 2-point violation on your driver’s license and you are also subject to payment of restitution. A felony is punishable by the same fine, 2, 3 or 4 years in the state prison, restitution and the same point violation on your driver’s license.
If you have been contacted by local law enforcement regarding a hit-and-run, or have already been charged or booked on hit-and-run charges, contact attorney Ross Erlich as soon as possible. Consult with an attorney before speaking with law enforcement, before walking into court and before you consider pleading guilty because “I did it, what’s the point of fighting the case?” There are oftentimes many ways to resolve these types of cases, including, but not limited to, civilly compromising the case with the victim in order to have your case dismissed and establishing that you did not legally flee the scene of the accident, among others.
Do yourself a favor and consult with attorney Ross Erlich, for free, to learn what options are available to you before you make your first move. Ross Erlich handles hit-and-run cases in Los Angeles county, San Bernardino county, Ventura county, Orange county and Riverside county.
An argument between a man and woman lead to the woman hitting the man with her car and fleeing the scene. The Burbank Police Department spokesman said that the male was transported to the hospital with complaints of pain.
In California, this type of hit-and-run is a felony and is charged under Vehicle Code Section 20001. A hit-and-run occurs when someone leaves the scene of an accident without first identifying themselves to the other party. In the case of a felony hit-and-run (VC 20001), this carries punishment of between 16 months to 3 years in state prison and a fine between $1,000 to $10,000. There will also be penalties from the DMV for any hit-and-run conviction which can run from points on your license to a license suspension or revocation.
Felony hit-and-run charges are “wobblers” in California. This means that it is up to the prosecutor weather or not to file the case as a felony or as a misdemeanor. Much of this decision comes from facts of the case, the suspect’s prior criminal history, mitigating or aggravating factors regarding the incident and the early interaction of a skilled and aggressive criminal defense attorney.
Attorney Ross Erlich is experienced in contacting and opening up a line of communication with law enforcement and the prosecutor’s office before any criminal charges have been filed. This allows for your side of the story to be told to the prosecutor before they make a filing decision and allows for the possibility of reduced charges or no criminal charges being filed at all.
Law enforcement and the local prosecutor’s offices in Southern California take hit-and-run charges very seriously. If you have noticed in the past couple years, hit-and-run incidents have been getting a lot of media press and state lawmakers have not only sought to increase penalties for these crimes, they are starting increased public safety measures against those who commit a hit-and-run. Attorney Ross Erlich has experience in dealing with these incidents early on, while law enforcement is still conducting their investigation, and has worked to get charges reduced or prevented altogether.
There are many ways to resolve a hit-and-run in Los Angeles so contact attorney Ross Erlich today if you would like to learn more and have a free case consultation.
Formal charges were filed on Tuesday against four people accused of leaving a restaurant without paying their bill and subsequently running over the waitress who came out to confront them as they fled. Charges include felony aggravated assault, felony hit-and-run with injury and misdemeanor defrauding an innkeeper.
The four suspects left the restaurant in Anaheim without paying their bill which prompted the young female server to follow them out to the parking lot to confront them. As the suspects drove away, the waitress was struck by the car and knocked down, suffering only minor to moderate injuries.
Felony hit-and-run with injury is a serious crime in California and something that prosecutors take very seriously. As you may know from the increased coverage of, and stricter laws regarding, hit-and-runs, they have become somewhat of an epidemic in Southern California. Felony hit-and-run is punishable by either 16 months, 2 years or 3 years in state prison. If someone dies or is seriously injured, that range jumps to between 2 to 4 years.
But wait, there’s more! There may also be a license suspension from the DMV and/or 2 points added to your driving record as a result of this incident. This is a completely separate proceeding from the criminal charges and should be something your attorney handles and takes into consideration when resolving your case.
If you have been involved in a hit-and-run in Los Angeles, read more about the nuts and bolts here. Remember to always contact your attorney prior to speaking to law enforcement, even if you think you might have been justified in leaving, you might make incriminating statements that can be used against you later on.
Attorney Ross Erlich handles all aspects of both misdemeanor and felony hit-and-run charges in Los Angeles, Hollywood, West Hollywood, Beverly Hills, Santa Monica, Burbank and Pasadena. If you were involved in a hit-and-run, contact our office immediately and let us be the ones to answer the cops’ questions, not you.
A 17-year-old pedestrian was killed, and his brother seriously injured in a hit-and-run accident in North Hollywood that may have been the result of a street race. LAPD Valley Traffic Division stated that it appeared the brothers were not in a crosswalk when they were struck.
Witnesses told the officers at the scene the suspect vehicle, which appeared to be racing another vehicle, fled the scene and got onto the freeway.
Being charged with a hit-and-run is a serious offense in Los Angeles County and something that local law enforcement agencies are taking more seriously as the number of incidents keep going up. A conviction for a hit-and-run can result in up to 6 months in the County Jail and a $1,000 fine. Additionally, there may be probation to the court for up to 3 years, victim restitution, court fines and 2 points on your driving record.
If you have been charged with hit-and-run in Southern California, it is important to talk to your attorney about the possibility of a civil compromise. If the facts are appropriate, and your attorney can get the victim on board, a successful civil compromise will permanently suspend criminal proceedings against you and you can avoid a conviction, jail, probation and points on your license.
Being charged with street racing or speed contest is another, more serious, charge and can lead to greater penalties if convicted under that code. Penalties for being convicted of “street racing” include a minimum of 24 hours in County Jail (and up to 90 days max), up to a $1,000 fine and 40 hours of mandatory community service. In addition, the judge can order your drivers license suspended for anywhere between 90 days to 6 months. If the race caused injury to another person other than you, the mandatory jail time goes up to 30 days and a minimum $500 fine.
If you have been arrested for, or charged with, hit-and-run or street racing in Los Angeles, contact attorney Ross Erlich immediately for a free consultation. Ross Erlich has handled these matters in all courthouses in Southern California and has gotten these charges dismissed and reduced. It is important to know your rights and not walk into court and simply plead guilty. As this blog demonstrates – doing so may seriously impact your freedom and ability to operate a vehicle.
A mother was killed and her child injured when a hit-and-run driver stuck the two as they were crossing Ocean Avenue at 1:00am last week. Both victims were from out of town and the younger female was treated for minor injuries at the hospital and released.
If you have been arrested, cited or sent a notice to appear regarding a hit-and-run, it is important to consult and attorney and take action on the matter early on. It is possible for your attorney to contact the victim(s) and their insurance company, determine the extent and amount of damage to their property and injuries, and resolve the matter outside of court without you ever having criminal charges filed against you. Even if formal criminal charges do end up being filed against you, it is still possible to resolve the matter without any conviction on your record through a civil compromise.
For detailed information on what to do if you are arrested for a hit-and-run, click on this link to read the firm’s prior blog about that topic in-depth. Keep in mind that a conviction under this code may carry license suspension, jail time, a 2-point penalty on your driving record, fines and fees to the court and restitution to the victim(s).
If you have been arrested for a hit-and-run in North Hollywood, Hollywood, Burbank, Pasadena, Los Angeles, Beverly Hills, Santa Monica, Culver City, or anywhere in Southern California, contact attorney Ross Erlich 24/7 for a free case consultation. Taking the right action early on is always the best way to handle a hit-and-run incident and the most likely way to prevent formal criminal charges against you.
31 Dec 2013
Dodgers star outfielder Yasiel Puig was arrested last Saturday after the Florida Highway Patrol clocked him driving 110 mph in a 70 mph zone. Puig was arrested, taken to the local county jail for processing and likely given a citation to appear.
California Vehicle Code section 23103 (reckless driving) states that any person convicted of this section shall receive county jail for no less than 5 days and no more than 90 and a fine of somewhere between $145 – $1,000, or both.
Reckless driving is a misdemeanor in California and is something that should be treated very seriously. Not only is there the possibility of jail time for a conviction, but also potential impact on your driver’s license or even your employment. There are many factors that are considered by the prosecutor in a reckless driving case. Your rate of speed, whether or not you were swerving, any good cause explanation for the rate of speed, and other factors are highly relevant in getting this charged reduced and avoiding jail.
If you were arrested in Los Angeles for reckless driving, a DUI, hit and run or any other traffic violation in Los Angeles, contact attorney Ross Erlich as soon as possible to prevent your license from being suspended. Remember, taking care of something like this the right way the first time will likely save you headache in the months or years to follow.
A man suspected of driving the vehicle that struck and killed a man using a walker turned himself into police on Monday afternoon with his attorney.
According to police, the victim was a man in his 40s who was walking on Ventura Boulevard near Gaviota, outside of a crosswalk, in the early morning hours when he was stuck by the suspect’s SUV. Police allege the suspect then fled northbound on Haskell Avenue.
The suspect turned himself into the LAPD’s Valley Traffic Division later in the day with his attorney and was booked and being held on felony hit-and-run charges. His bail was set at $50,000.
If you have been involved in, or arrested for, a hit-and-run in Los Angeles, I would recommend first reading our office’s previous blog detailing what are the first steps to take and how to protect yourself. It is important to know that you are under no obligation to make any statements to the police without having your attorney present. Remembering this fact, and actually following this advice, has helped prevent criminal charges from ever being filed against many of our office’s clients. It is just as important to know that if you are cooperative (through your attorney, of course) with law enforcement, there can be ways to resolve the matter outside of the courtroom.
Felony hit-and-run charges are much more serious. There is the possibility of state prison time, a felony conviction on your criminal record and a significant impact on your California driver’s license.
If you or someone you know has been involved in, or arrested for, a hit-and-run in Los Angeles, Beverly Hills, Torrance, Hollywood, Santa Monica, Culver City, Pasadena or Van Nuys, contact attorney Ross Erlich today for a free consultation and case evaluation. Making a call early in the process just may end up saving you from criminal charges.
20 Sep 2013
Los Angeles city officials, in partnership with the LAPD, have agreed to take a tougher stance on how it treats hit-and-runs in Los Angeles, including extending the statute of limitations on the more serious offenses.
LAPD estimates that there are approximately 20,000 hit-and-run incidents in the city each year and many of these involve property damage and even injury. The city of LA will begin seeking revocation of driver’s licenses for the person involved and the forfeiture of their vehicles. In addition to that, a new California state law extended the statute of limitations on hit-and-run incidents to six years.
You might be asking what all of this means to you. Well, first and foremost, it means that law enforcement and prosecutor’s will be taking hit-and-run charges more seriously and will be enforcing the law in a stricter fashion. Keep in mind that the city is seeking to revoke driver’s licenses and vehicles for those involved in these incidents, which are stiffer penalties than what we see now in Los Angeles.
If you were involved in a hit-and-run in Los Angeles, Hollywood, North Hollywood, Burbank, Pasadena, Santa Monica or Culver City, contact attorney Ross Erlich before you make any statements to law enforcement and know your rights. Our office has had many successes in protecting our client’s criminal records, driver’s licenses and preventing jail time for hit-and-runs all over Los Angeles and Southern California. Oftentimes we are able to enter into a civil compromise with the victim and get the criminal hit-and-run charge dismissed from your record.
If you have been charged with a hit-and-run and are wondering what to do next, contact Attorney Ross Erlich 24/7 for a free case consultation.
If you have lived in Los Angeles for any amount of time, let alone visited for more than a day, you know that LA has its fair share of cars and traffic. What you also probably know is that with that amount of traffic, Los Angeles’ hit-and-run incidents far exceed the national average. In fact, in 2009, 48% of crashes in Los Angeles were hit-and-runs, compared to a national rate of 11%.
ABC’s ’20/20′ ran a piece which focused on Los Angeles Police Department Detective Felix Padilla, who has been working in LAPD’s traffic division for over 10 years. Padilla told ABC that his division alone sees an average of 8,000 hit-and-run incidents a year and that in 2013, there have already been 16 fatal hit-and-runs incidents.
The problem for law enforcement in a hit-and-run investigation is that an arrest and prosecution hinge on eyewitness testimony and many do not want to cooperate with the police. Padilla talked about how the LAPD can impound the car during an investigation, but that doesn’t mean much if they don’t have the driver identified.
Another problem for the LAPD is Los Angeles’ large number of undocumented immigrant residents, many of whom drive a car even though they cannot legally obtain a license. If they get into an accident, many fear criminal prosecution and deportation and decide to flea the scene.
If you have been involved in a hit-and-run in Los Angeles, it is important that you contact an attorney before answering any questions by law enforcement or before you make any statements. Many times people are scared of what has happened and will try to “talk their way out” of getting arrested or charged with hit-and-run, which never happens and often leads to incriminating statements used in the incident report that prosecutors see. What you should do is allow your attorney to communicate with law enforcement on your behalf to not only avoid those pitfalls, but see if there is a way to avoid any charges being filed.
If misdemeanor hit-and-run charges do end up getting filed, it is important that you talk to your attorney about the possibility of a civil compromise or getting your hit-and-run charge reduced to a non-point traffic infraction. Many times your attorney can work with the victim outside of the courtroom to achieve these desired results and a reduction or dismissal of your criminal charges.
If you have been arrested or charged with a hit-and-run in Los Angeles, Hollywood, Downtown, Santa Monica, Beverly Hills or Burbank, contact attorney Ross Erlich 24/7 for a free consultation.