What is the test for a vehicle code violation?

California, United States of America


The following excerpt is from People v. Romain, D074771 (Cal. App. 2020):

To establish a violation of Vehicle Code section 20002, subdivision (a), the People must show the defendant "(1) knew he or she was involved in an accident; (2) knew damage resulted from the accident; and (3) knowingly and willfully left the scene of the accident (4) without giving the required information to the other driver(s)." (People v. Carbajal (1995) 10 Cal.4th 1114, 1123, fn. 10 (Carbajal).) Actual knowledge of property damage is not required; constructive knowledge may be imputed to the defendant based on the surrounding circumstances. (People v. Carter (1966) 243 Cal.App.2d 239, 241-242.)

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