A 70-year-old man is in custody after police say he failed to stop his car after hitting a woman and her toddler with his SUV in the North San Fernando Valley last week.

Witnesses at the scene told police officers that the toy car the toddler was in was pushed by the man’s car for approximately one block before bystanders flagged down and stopped the driver.

The man was driving his car without a license and was arrested on suspicion of felony hit and run, a violation of California Vehicle Code section 20001.

Witnesses at the scene also told officers that it appeared the man was unaware that he was pushing the toy car with the toddler inside of it and that he only drove approximately one block.

California Vehicle Code section 20001, more commonly known as felony hit and run, is a “wobbler” in the state of California.  This means the prosecutor can charge this crime as either a felony or a misdemeanor, usually depending on the facts of the case and the suspect’s prior criminal record.

If the hit and run is charged as a misdemeanor, the defendant is looking at a maximum of 1 year in the county jail and a $1,000 fine.  If the accident resulted in death or some other serious injury, jail time is usually always sought.

If the hit and run is charged as a felony, the defendant is looking at a fine between $1,000 and $10,000 and between 16 months to 3 years in state prison.  If there was death or serious injury, typically the state prison commitment goes up to between 2 to 4 years.

If you have been in an accident in California, you are required by state law to stop your car, identify yourself and provide your license, insurance, registration or any other relevant documents to the other driver.

If you have been arrested for, or charged with, a hit and run in the Los Angeles area, it is important to contact an attorneybefore making ANY statements to law enforcement.  After years of experience handling hit and run cases, I have only seen these statement come back to hurt people’s cases.  Contacting an attorney early on in the process can help facilitate a civil compromise or other possible resolution to your case which can avoid a conviction on your record and points on your license.

If you have been involved in a hit and run in Los Angeles, Hollywood, Beverly Hills, Santa Monica, Pasadena, Burbank or any other part of Los Angeles County, contact attorney Ross Erlich today for a free consultation.