New Law Creates “Yellow Alerts” for Hit-and-Run Incidents

San Jose Hit And Run Accidents Lawyer And Santa Clara Criminal Defense Attorney

In California, hit-and-runs are considered serious offenses. The consequences can be devastating for both victims and their families and for those who are accused of committing the crime. In an effort to cut down on the number of hit-and-runs, state legislators recently enacted a new law that will give law enforcement an additional investigative resource so that fewer individuals are wrongly accused of or charged with committing a hit-and-run.

Hit-and-Run

California drivers who are involved in accidents that cause damage to property or to person are required to stop at the scene. If they instead flee, they can be charged with a hit-and-run, which can be a misdemeanor or a felony, depending on the severity of the resultant damage.

Assembly Bill 8

According to the new law, if a hit-and-run incident is reported, law enforcement officials can request the activation of what is referred to as a “yellow alert.” Similar to amber alerts, which allow officials to display information about recent child abductions, yellow alerts permit law enforcement agencies to utilize California’s network of freeway message signs by broadcasting relevant information about a hit-and-run suspect and his or her vehicle to the public.

Law enforcement officials can request the issuance of a yellow alert only if certain conditions have been met, including:

• • A person has been killed or has sustained a serious bodily injury in a hit-and-run accident;
  • A suspect has fled the scene by using the state highway system; and

Law enforcement has further information about the suspect or his or her vehicle; and

• The dissemination of information to the public could avert additional harm or would expedite the apprehension of the suspect.

Yellow alerts are limited to the geographic area where the hit-and-run incident occurred.

Necessary Information

Before requesting the activation of a yellow alert, law enforcement agencies must have access to certain information about the hit-and-run driver, including:

• The suspect’s license plate number;
• A partial license plate number and further identifying characteristics, such as the make, model, and color of the suspect’s vehicle; and
• The suspect’s identity.

Once a yellow alert has been activated, radio, cable, and satellite systems are encouraged to cooperate with law enforcement by helping to disseminate information about the suspect, although cooperation is not required. In the event that multiple yellow alerts are requested, the California Highway Patrol can prioritize which alert to approve based on certain factors including, but not limited to:

• The severity of the injuries sustained in the accident;
• The time elapsed since the hit-and-run occurred; and
• The likelihood that a yellow alert will reasonably lead to an arrest.

Hit-and-run offenses can have serious consequences, but an experienced attorney can help you craft your best possible defense and may even be able to get your charges reduced. Please call (408) 277-0377 or contact us online to schedule an appointment with dedicated San Jose criminal defense attorney Wesley Schroeder.

Sources:

http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=VEH&sectionNum=20002

http://www.latimes.com/local/lanow/la-me-ln-hit-and-run-bill-20141202-story.html