Harbert

People v. Harbert

Caution
170 Cal. App. 4th 42·2009 Cal. App. LEXIS 39·87 Cal. Rptr. 3d 751
Court of Appeal of CaliforniaJanuary 14, 2009A118186California7,587 words

Opinion

Opinion

Richman, J.

Vehicle Code section 20003 requires the driver of a vehicle that is involved in an accident resulting in injury or death to provide, among other things, identifying information and, if necessary, assistance to the injured person. Vehicle Code section 20001 directs that “The driver of a vehicle involved in an accident resulting in injury to a person, other than himself or herself, or in the death of a person shall immediately stop the vehicle at the scene of the accident and shall fulfill the requirements of Section[] 20003 . . . .” And if the accident results in death or permanent serious injury, the failure to stop and provide information and/or assistance “shall be punished by imprisonment in the state prison for two, three, or four years.” (Veh. Code, § 20001, subds. (a), (b)(2) (section 20001).)

Section 20001 has long been deemed to impose a knowledge requirement which requires proof the accused knew or was aware that (1) he or she was involved in an accident and (2) the accident resulted in injury to another. As to the latter, our Supreme Court has construed section 20001 to require proof that the defendant “[knew] that the accident resulted in injury to a person or…

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