Under Florida law, leaving the scene of an accident, or ‘hit and run,’ 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.
Dismissing the Charge
We can file a ‘Motion to Dismiss’ when there is insufficient evidence to support your criminal charges or when the court lacks proper jurisdiction to hear the case. Speedy trial and statute of limitation defenses can also lead to a complete dismissal. Identity is often an issue in leaving the scene cases.
Excluding Evidence
We can file a pretrial ‘Motion to Suppress’ where evidence may have been illegally obtained. This shifts the burden to the prosecutor to establish in court that all evidence was properly collected. We challenge the State’s case at every stage of the police officer’s investigation (stop, detention, statements, search, arrest, etc.).
Avoiding a Conviction
We can negotiate with the prosecutor and the court in an effort to secure a “withhold of adjudication.” This final disposition allows you to avoid a formal conviction.
Seeking a Reduced Sentence
We can present the court with background information and mitigating evidence that may result in a reduced sentence.
Expunging Your Record
After your case is resolved, we can petition the court to seal or expunge all public records relating to your arrest and prosecution. This includes your police report and entire court file. Expunging your record will require the clerk to physically destroy your entire court file and allows you to lawfully deny (with a few limited exceptions) that you have ever been arrested or charged with the crime.
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 noncriminal, 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 Under Florida Law
Florida law categorizes “leaving the scene of an accident” offenses into three levels of severity.
Leaving the Scene of an Accident Involving Property Damage is a second-degree misdemeanor punishable by up to 60 days in jail, six months of probation and a $500 fine.
Leaving the Scene of an Accident with Injury is a third-degree, level-5 felony punishable by up to 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-6 felony punishable by up to 15 years in prison, 15 years of probation and a $10,000 fine.
We Defend all Felony & Misdemeanor Leaving the Scene Cases
If you were recently arrested or charged with any Florida leaving the scene offense, please call Attorney Albert Quirantes to discuss your options. We offer a free consultation so that we can learn about you, learn about your case and determine how we can help.
