What is the test for making a restitution order for a hit-and-run driver?

California, United States of America


The following excerpt is from People v. Amaya, B259268 (Cal. App. 2016):

The People argue the restitution order here was proper under People v. Rubics, supra, 136 Cal.App.4th 452. There, the defendant pleaded guilty to violating Vehicle Code section 20001, subdivisions (a) and (b)(2), and was sentenced to prison. (Rubics, supra, at p. 454.) He was ordered to pay direct restitution to the deceased victim's family. On appeal, he contended that leaving the scene of the accident did not cause the victim's economic loss; the accident did. Rubics concluded that "because an element of the crime of felony hit and run under section 20001, subdivisions (a) and (b)(2) is a defendant's involvement in an accident resulting in the injury or death of

Page 5

Other Questions


Can a probation officer order a restitution order for a defendant who has not objected to the restitution order? (California, United States of America)
When a judgment of divorce is not self-executing in respect of any division of property ordered, does the court have jurisdiction to make further orders to compel obedience to the order? (California, United States of America)
Does the fact that some of the restitution order was for economic losses to be incurred in the future, if not for the purpose of compensating the victim, stand in the context of the original restitution order? (California, United States of America)
In what circumstances will a judge refuse to order a hit-and-run driver to make restitution? (California, United States of America)
Is a restitution order valid when the trial court found that the restitution order was wrong for the wrong reasons? (California, United States of America)
What is the test for making a restitution order for a convicted rapist? (California, United States of America)
Can a defendant who is ordered to pay a restitution fine under subdivision (c) of the California Criminal Code be denied an opportunity to contest the order? (California, United States of America)
What is the test for a defendant to argue that a restitution order made by a trial court to determine the amount of restitution is fundamentally unfair? (California, United States of America)
What is the test for making findings of fact and conclusions of law in relation to an order that denied modification of an order fixing inheritance tax? (California, United States of America)
In what circumstances will a judge order a motion to set aside a previous order in the administration of the same estate after the same order has become final? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.