San Diego Criminal Lawyers Blog
According to witnesses, a man who likely suffered from some form of mental illness was dancing in the center divider of the I-5 north of Palomar Street in Chula Vista before being hit by a car and then by a motorcycle. The victim has been identified by the San Diego County Medical Examiner’s Office as 40-year-old Ricardo Jose Borrego. He was pronounced dead at the scene.
It is reported by the California Highway Patrol office that the first car that hit Borrego left the scene and is still being sought. Shortly after the initial collision, a 30-year-old motorcyclist then hit Borrego who was already down in one of the lanes. The cyclist himself lost control of his bike and went down, suffering some injuries. After that, a Toyota tundra behind the cyclist swerved in an attempt to avoid hitting Borrego, and ran him over.
According to a CHP incident log, 911 callers said Borrego was wearing black clothing and dancing in the center divider before he attempted crossing the freeway.
California Hit and Run Accidents
It is a crime to get into a car accident and leave, regardless of whether it was your fault or not. Specifically, California Penal Code § 20002 states that in order to receive a hit and run charge, you must have:
- Left the scene of the accident without first identifying yourself to those involved; and
- Damaged another person’s property.
There are two types of hit and run accidents one can be charged with – either a misdemeanor or felony. A misdemeanor involves property damage and is punishable by $1000 fine and up to six months in jail. A felony involves injury or death to another party, and punishable by up to a $10,000 fine and four years in jail.
Legal Defenses
You can fight hit and run charges if you did not realize you had been involved in an accident (ie. you did not intentionally leave the scene), or if your car was the only thing damaged.
San Diego DUI, Vehicular Assault, Vehicular Manslaughter, and Criminal Defense Attorney
If you or a loved one has been charged with a DUI, vehicular assault, vehicular manslaughter, or gross vehicular manslaughter in San Diego County or anywhere in Southern California, it is imperative that you contact an experienced criminal defense attorney right away. These charges are serious. Our attorneys are aggressive when it comes to protecting your rights and will advise you of potential defenses. We will do our best to reduce your charges. Do not hesitate to contact the law offices of attorney David Boertje today for a free consultation.