In California, a DUI is often accompanied by a Hit and Run charge (when applicable). Unfortunately, the person who is arrested for DUI is usually deemed to be the party at fault, and it will be up to your lawyer to prove otherwise. Moreover, prosecutors see the Hit and Run as an aggravating factor to the DUI. If injury is involved, prosecutors are more likely to file a felony DUI charge even if it is your first offense. Either way, prosecutors will demand restitution from you or your insurance company.
Did you know that a Hit and Run is a Hit and Run only when the state can prove who was driving the vehicle? Which is why it is paramount that you contact a lawyer before falling into the trap of speaking to law enforcement after an alleged Hit and Run has occurred.
A lot of people have a misconception that if the police have your license plate, it’s game over and you might as well as start talking and do a bunch of stuff to incriminate yourself. The reality is, just having the license plate of a vehicle involved in a possible crime is almost never enough to convict anyone of anything. The fact is, many people could be driving a particular vehicle at any given time, especially in a place like Southern California. Proof beyond a reasonable doubt requires a lot more than just a hunch. So, unless someone starts talking (ie. you, your spouse, roommate, friend, family members…etc), the government may have no viable case against anyone.
Yes. Although no DMV Hearing is triggered, a conviction of Hit and Run will result in 2 points on your driving record, and that is on top of anything else (such as points for DUI).
Yes, especially if your Hit and Run occurred during a DUI, and you already have a prior for DUI, so are deemed to know the dangers of driving while intoxicated.
Yes. In fact, police officers often arrive at the scene of a Hit and Run, and arrest both drivers for DUI.
You should absolutely NOT respond to such a letter. You have the right to remain silent, and that means the right to NOT speak to investigators/cops. Remember, no matter what you say it will be twisted around and used against you later. In short, no benefit can be derived from responding. You should contact a lawyer ASAP if you have received such a letter or voice mail.