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This fact should go in the driver’s favor; however, the question remains whether the driver was caught there on his own volition or whether he tried to permanently flee. This is almost always relevant to the question of the seriousness of the alleged conduct. After all, every defendant is "Presumed Innocent” before he can be said to be guilty of the crimes for which he is, (or will likely be), charged.
According to the news report, the 7-year-old was listed in serious condition. The 14-year-old was listed as having suffered a minor injury to her ankle.
The driver was noted as being brought up on misdemeanor charges, not felony charges. If these acts occurred in California, specifically in Orange County, they would most likely lead to felony charges as virtually any injury constitutes “great bodily injury” sufficient to permit the District Attorneys Office to legally file felony charges despite the fact that the decision is discretionary – it can remain a misdemeanor; but some District Attorneys may try to file the more serious felony charge to ensure a conviction.
Motives aside, the fact remains that “DUI Hit & Run Charges” are not something to be taken likely – the charge, whether a misdemeanor or felony, comes with severe increased punishment enhancements, referred to as “DUI Enhancements”. Make no question, if you were to find yourself in need of assistance with this type of matter, you should contact an attorney who specializes in DUI immediately.
SOURCES:
Orange County DUI Attorneys Providing DUI Defense in Orange County - Laguna Hills, Laguna Beach, Orange
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