Leaving the scene of an accident is a serious criminal traffic offense that can be charged as a misdemeanor or felony. There are three types of leaving the scene of an accident charges in Florida: damage to an unattended property, accidents involving occupied vehicles and accidents involving personal injury or death. We have experience defending all types of leaving the scene cases.  I examine each case to determine if it can be dismissed and ultimately removed from your record. Once hired, I will:

1. Collect and review all government evidence;
2. Identify any possible defenses;
3. Negotiate with your prosecutor for a dismissal or reduced charges;
4. Do whatever is necessary to avoid a criminal conviction.

The Facts of Your Hit and Run Case Matter

The 4th Amendment of the United States Constitution guarantees that people be free from unreasonable searches and seizures. It is important for you to know if your rights were violated. Were you stopped and detained for a lawful reason?

• Did you know that you were in an accident?
• Was there damage to the other vehicle or property?
• What is the value of the damaged property?
• What was the condition of the property before the accident?
• Were there witnesses to this incident?
• Were you read your Miranda rights?
• Were any of your statements illegally obtained?

Leaving the Scene Involving Unattended Property

Florida Statute 316.063 requires a driver who hits unattended property has the duty to make an effort to locate the owner of the damaged property. If the owner cannot be found, the driver should leave a note indicating his or her name, address and registration information. Furthermore, the driver is also required by law to contact law enforcement and notify them of the accident. Failure to comply with this statute results in a second-degree misdemeanor punishable by 60 days in jail, six months probation and a $500 fine.

Leaving the Scene Involving an Occupied Vehicle

Florida Statute 316.061 requires a driver who crashes into an occupied vehicle or attended property that results only in property damage is required to remain at the scene of the accident until he or she completes his or her statutory duties. These duties include exchanging pertinent information such as name, address and registration, presenting a driver’s license, and notifying law enforcement of the accident. A driver who violates this statute commits a second-degree misdemeanor punishable by 60 days in jail, six months probation and a $500 fine.

Your Duty to Render Aid and Provide Information in Florida

Florida Statute 316.062 requires the driver of a vehicle involved in a crash that results in either property damage, death or injury is obligated to stop their vehicle at the scene of the crash, or as close thereto as possible, and provide the following information to the other driver, property owner, occupant of the vehicle or police officer: (1) name, (2) address, (3) vehicle registration number and (4) driver’s license number. The driver must also render “reasonable assistance” to any person injured from the crash. This may include carrying or making arrangements for medical treatment where treatment is necessary.

Surprisingly a violation of this section is only a civil infraction. For many leaving the scene cases we are able to get the criminal leaving the scene charge reduced to this non-criminal, civil infraction thereby avoiding a criminal conviction.

Leaving the Scene of an Accident Involving Injury or Death

Florida Statute 316.027 requires a driver who is involved in an accident that causes any personal injury must remain at the scene of the accident until completing his or her statutory duties. These duties also include exchanging pertinent information, presenting a driver’s license, notifying law enforcement, and providing reasonable aid to the injured party. A willful violation of this statute results in a third-degree felony punishable by five years in state prison, five years felony probation and a $5,000 fine. If the accident results in a death of any person and the driver willfully fails to comply with this statute, the driver has committed a first-degree felony punishable by up to 30 years in state prison, including a mandatory minimum four-year prison sentence, 30 years of felony probation & a $10,000 fine.

Leaving the Scene of an Accident Penalties

Florida law categorizes “leaving the scene of an accident” offenses into three levels of severity.

• The most common leaving the scene of an accident criminal charge is Leaving the Scene of an Accident Involving Property Damage which is a second-degree misdemeanor punishable by 60 days in jail, six months of probation & a $500 fine.
• Felony leaving the scene charges involve injuries.  Leaving the Scene of an Accident with Injury is a third-degree, level five felony punishable by five years in prison, five years of probation and a $5,000 fine.
• Leaving the Scene of an Accident Resulting in Death is a second-degree, level six felony punishable by 15 years in state prison, 15 years of probation and a $10,000 fine.

 Leaving the Scene Case Law

State v. Dorsett, 158 So.3d 557 (Fla. 3rd DCA 2015) In prosecution under hit and run statute, state must prove beyond a reasonable doubt that driver had actual knowledge of crash, as an essential element of the crime of leaving the scene of an accident. Hit and run statute expressly provided that felony criminal violation required that driver had willfully violated statute and willful violation would be established only if driver had actual knowledge that the crash occurred.

McGowan v. State, 139 So.3d 934 (Fla. 4th DCA 2014) Evidence was insufficient to support defendant’s conviction for leaving the scene of a crash involving injury to or death of a person absent evidence that defendant knew or should have known that he hit a person, necessitating his duty to stop, as essential element of crime. When there are multiple impacts, the driver must know of the specific impact that actually resulted in the injury to be convicted for leaving the scene of a crash involving injury or death of a person.

Aggressive Leaving the Scene of an Accident Representation

If you were recently arrested or charged with any Florida leaving the scene offense, please me at 407-740-7275 to discuss your options. I offer a free consultation so that I can learn about you, learn about your case and determine how I can help.