If you are charged with a Hit and Run under California Vehicle Code 20002(a), one of the options you should think about having your lawyer pursue is what is known as a "Civil Compromise". A civil compromise allows the parties to agree to dismissal upon monetary compensation for reasonable damages. It is one of the rare situations in which an alleged victim can "drop the charges" against an accused.
I recently employed this strategy in a recent Hit and Run Case out of the West Covina Courthouse. My client had already compensated the other party for her damages. I contacted her and explained the civil compromise arrangement - now that she had been compensated, I asked if she would be willing to dismiss the charges against my client. She was reluctant to do so and wanted to think about it. I informed her that was ok and she could call me back when she had an answer.
I didn't hear from her for a couple of weeks and decided to follow up. I received no call or email in return. At this point I did not want to continue to ask her because I didn't want to seem like I was harassing her. I realized she did not want to cooperate and agree to a dismissal, but I had to think of another way to get this misdemeanor dismissed for my client - Hit and Run is 2 points with the DMV and he needed to avoid those extra points because he drove a lot as part of his job.
My next strategy was to approach the District Attorney with my client's witness statements as well as proof that the alleged victim had been fully compensated and we had attempted to do a civil compromise with her. After some negotiation, he agreed to dismiss the Hit and Run charge against my client and have him plead to an infraction with no DMV points and a small fine. My client was very happy and this definitely suited his situation.
Civil Compromises aren't just available in Vehicle Code 20002(a) Hit and Run Cases, but they are also available in other types of cases such as vandalism and even embezzlement. Even though I was unable to get a straight dismissal for my client, I did not give up and pursued another course of action that still resulted in a dismissal of the misdemeanor.
