California, United States of America
The following excerpt is from People v. McWhinney, 206 Cal.App.3d Supp. 8, 254 Cal.Rptr. 205 (Cal. Super. 1988):
We are further buttressed in our opinion that a "hit-and-run" offense is not the type of offense to which a civil compromise should be permitted by a decision of this court rendered by a prior panel. We are persuaded by the reasoning set forth in People v. O'Rear (1963) 220 Cal.App.2d Supp. 927, 931, 34 Cal.Rptr. 61 that: "The gravamen of the offense defined by the Vehicle Code section 20002, subdivision (a), is the failure to stop and make the necessary report after the accident or damage has occurred. This omission is not one which causes injury to the private citizen. Hence, the private citizen is, under the circumstances, technically not a 'person injured by an act constituting a misdemeanor' within the meaning of Penal Code section 1377. (Italics added.)"
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