What are the Penalties for Fleeing the Scene of an Accident
Full Question:
My 19 year old son borrowed a friends car. It was foggy and the ground was moist. When he stopped at a stop sign and accelerated too fast and lost control, he hit a parked car and then fled the scene. What penalties is he likely to face?
11/19/2007 |
Category: Criminal |
State: California |
#12563
Answer:
The following are CA statutes:
23103.
(a) Any person who drives any vehicle upon a highway in
willful or wanton disregard for the safety of persons or property is
guilty of reckless driving.
(b) Any person who drives any vehicle in any offstreet parking
facility, as defined in subdivision (c) of Section 12500, in willful
or wanton disregard for the safety of persons or property is guilty
of reckless driving.
(c) Persons convicted of the offense of reckless driving shall be
punished by imprisonment in a county jail for not less than five days
nor more than 90 days or by a fine of not less than one hundred
forty-five dollars ($145) nor more than one thousand dollars
($1,000), or by both that fine and imprisonment, except as provided
in Section 23104.
23103.5.
(a) When the prosecution agrees to a plea of guilty or
nolo contendere to a charge of a violation of Section 23103 in
satisfaction of, or as a substitute for, an original charge of a
violation of Section 23152, the prosecution shall state for the
record a factual basis for the satisfaction or substitution,
including whether or not there had been consumption of any alcoholic
beverage or ingestion or administration of any drug, or both, by the
defendant in connection with the offense. The statement shall set
forth the facts that show whether or not there was a consumption of
any alcoholic beverage or the ingestion or administration of any drug
by the defendant in connection with the offense.
(b) The court shall advise the defendant, prior to the acceptance
of the plea offered pursuant to a factual statement pursuant to
subdivision (a), of the consequences of a conviction of a violation
of Section 23103 as set forth in subdivision (c).
(c) If the court accepts the defendant's plea of guilty or nolo
contendere to a charge of a violation of Section 23103 and the
prosecutor's statement under subdivision (a) states that there was
consumption of any alcoholic beverage or the ingestion or
administration of any drugs by the defendant in connection with the
offense, the resulting conviction shall be a prior offense for the
purposes of Section 23540, 23546, 23550, 23560, 23566, or 23622, as
specified in those sections.
(d) The court shall notify the Department of Motor Vehicles of
each conviction of Section 23103 that is required under this section
to be a prior offense for purposes of Section 23540, 23546, 23550,
23560, 23566, or 23622.
(e) If the court places the defendant on probation for a
conviction of Section 23103 that is required under this section to be
a prior offense for purposes of Section 23540, 23546, 23550, 23560,
23566, or 23622, the court shall order the defendant to enroll in an
alcohol and drug education program licensed under Chapter 9
(commencing with Section 11836) of Part 2 of Division 10.5 of the
Health and Safety Code and complete, at a minimum, the educational
component of that program, as a condition of probation. If
compelling circumstances exist that mitigate against including the
education component in the order, the court may make an affirmative
finding to that effect. The court shall state the compelling
circumstances and the affirmative finding on the record, and may, in
these cases, exclude the educational component from the order.
(f) The Department of Motor Vehicles shall include in its annual
report to the Legislature under Section 1821 an evaluation of the
effectiveness of the program described in subdivision (e) as to
treating persons convicted of violating Section 23103.
23104.
(a) Except as provided in subdivision (b), whenever reckless
driving of a vehicle proximately causes bodily injury to any person
other than the driver, the person driving the vehicle shall, upon
conviction thereof, be punished by imprisonment in the county jail
for not less than 30 days nor more than six months or by a fine of
not less than two hundred twenty dollars ($220) nor more than one
thousand dollars ($1,000), or by both the fine and imprisonment.
(b) Any person convicted of reckless driving which proximately
causes great bodily injury, as defined in Section 12022.7 of the
Penal Code, to any person other than the driver, who previously has
been convicted of a violation of Section 23103, 23104, 23109, 23152,
or 23153, shall be punished by imprisonment in the state prison, by
imprisonment in the county jail for not less than 30 days nor more
than six months or by a fine of not less than two hundred twenty
dollars ($220) nor more than one thousand dollars ($1,000) or by both
the fine and imprisonment.