February 1, 2010

Bengals Linebacker Rey Maualuga Arrested for DUI

Former USC linebacker Rey Maualuga was arrested over the weekend for DUI. He reportedly blew a .157 on the breathalyzer, over twice the legal limit. He was stopped after allegedly hitting a parking meter and two parked cars.

While there’s nothing particularly noteworthy about these facts, it brings up an important point. If you find yourself in the unfortunate position of ever hitting a parking meter, bus bench, or other public property, you must report the incident or face possible charges for Vehicle Code 20002 hit and run.

California Vehicle Code 20002 hit and run charges may be filed anytime you hit public property and don’t immediately report the incident to your local law enforcement agency. You don’t have to leave a note like you would if you hit private property (someone’s car, for example), but you must inform the police.

While the details surrounding Maualuga’s arrest are somewhat scarce, we do know that he was charged with DUI and reckless driving. We can assume that he was either witnessed hitting the meter and cars or that he stopped after doing so, since he wasn’t additionally charged with a hit and run.

November 13, 2009

2005 California Fatal Hit and Run DUI Offender Pleads Guilty

42-year-old Youn Lee will be sentenced on December 7, 2009 for California Vehicle Code 191.5a gross vehicular manslaughter while intoxicated. The sentence is based on a fatal hit and run DUI that Lee was involved in more than 4 years ago. He plead guilty to the charge on Tuesday.

Lee reportedly crashed his SUV into the center median of the 55 freeway in Santa Ana on October 18, 2005. Lee’s headlights were not on when 23-year-old Ryan Cook rear-ended him on his motorcycle. Cook was then thrown off his motorcycle where he was run over by several other vehicles. Lee left the scene before the police arrived.

The next morning, Lee, who was an executive at Hyundai, met with general counsel at Hyundai Motor America. After the meeting, he was driven to LAX by a colleague and supervisor where he flew to South Korea, leaving his wife and young child behind.

The Orange County District Attorney’s office filed charges against Lee in April 2007. In September 2008, the D.A. requested Lee be surrendered back to California for trial and/or punishment...a formal legal process known as extradition. In December 2008, Lee was arrested and returned to Orange County in January 2009.

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July 9, 2009

Fleeing an Accident Scene for Safety Reasons

California hit & run law requires a person involved in an accident to stop and provide identifying information to the other parties. Failure to do so may invite a felony charge under Vehicle Code 20001 if the accident caused injuries, or a misdemeanor charge under Vehicle Code 20002 if there was only property damage.

An increasingly common issue involves people who fail to stop because of safety concerns. For example, the driver may strike a pedestrian and then see an angry mob form. Or the driver may get in a fender-bender, but see that the other party is irate and potentially violent. Is it okay to flee the scene of the accident in these cases?

Technically, California hit & run law offers no exception for this situation. But practically speaking, prosecutors have discretion as to which cases they file. Typically they will look to see if the fleeing driver made some alternative way of reporting the accident. For example, suppose the driver immediately calls the police to report the accident and ask that an officer meet her at the scene. She then returns to the scene once police arrive. In a case like this, prosecutors are unlikely to file criminal hit & run charges.