Braz

People v. Braz

Good Law
1998 Cal. App. LEXIS 607·65 Cal. App. 4th 425·76 Cal. Rptr. 2d 531·98 Daily Journal DAR 7441·98 Cal. Daily Op. Serv. 5321
Court of Appeal of CaliforniaJuly 2, 1998A079214California3,392 words

Opinion

Opinion

Jones, J.

In this case we are called upon to interpret Vehicle Code section 20001, subdivision (b)(2), which prescribes enhanced penalties for a conviction of the crime of hit-and-run in violation of Vehicle Code 20001, subdivision (a), when that violation “results in death or permanent, serious injury . . . .”

Vehicle Code section 20001, subdivision (a) provides: “(a) The driver of any vehicle involved in an accident resulting in injury to any person, other than himself or herself, or in death of any person shall immediately stop the vehicle at the scene of the accident and shall fulfill the requirements of Sections 20003 and 20004.” Sections 20003 and 20004 essentially require drivers to render reasonable aid to the injured person and to furnish identification to that person and law enforcement authorities. In lay terms, section 20001, subdivision (a) describes the crime of hit-and-run.

The penalties for violating subdivision (a) are set forth in section 20001, subdivision (b). Subdivision (b)(1) provides: “Except as provided in paragraph (2), any violation of subdivision (a) shall be punished by imprisonment in the state prison, or in the county jail for not more than one…

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