Florida Leaving the Scene of a Crash or Accident

Tampa Lawyer for Leaving the Scene of a Crash in Florida

If you have been charged with leaving the scene of a crash or accident under Florida law, contact an experienced Tampa attorney to discuss your case and possible defenses for any case in Hillsborough County, Polk County, Pasco County, Pinellas County, Hernando County or Manatee County.

At the Sammis Law Firm, our attorneys are experienced in representing clients in leaving the scene of a crash cases throughout the greater Tampa Bay area. Call 813-250-0500 to speak directly with an attorney about the facts of your case to find out what you need to do right now to protect yourself against this serious accusation.

Leaving the Scene of an Accident or Crash, also called "Hit and Run" is a serious criminal offense under Florida law with serious criminal punishments. In addition to huge fines and possible jail or prison time, the court can order a revocation or suspension of your Florida driver's license. Even if you are able to avoid a suspension or revocation (depending on the type of offense) any charge of "leaving the scene" or "hit and run" in Florida can cause your auto insurance premiums to increase dramatically for many years to come if you are convicted of this offense - costing you thousands of dollars a year.

Different statutes under Florida law address the criminal offense of leaving the scene of a crash, depending on whether another occupied vehicle was involved, the extent of the property damage, and whether any personal injury or serious bodily injury was reported.

Invoke Your Right to Remain Silent and Your Right to Talk with a Lawyer

If you are under investigation in Florida for leaving the scene of a crash or "hit and run" it is important to speak with an attorney before making any statements to law enforcement. Your side of the story can best be told through your criminal defense attorney. Your lawyer can make sure that none of your statements can be misconstrued by law enforcement. Your lawyer can make sure that you avoid making any incriminating statements that can later be used against you at trial for the very serious offense of leaving the scene of a crash or "hit and run."

Your lawyer can present to law enforcement any evidence that explains your actions or other defenses that may prevent any charges from being filed. In the event that law enforcement decides to proceed with issuing you a citation or making an arrest, your attorney can help to minimize the amount of bond that may be required, or make other arraignments for your surrender that may minimize the time that you spend in jail.

Duty to Exchange Information or Render Reasonable Assistance to an Injured Person

As a preliminary manner, under Section 316.062, if you are involved in a vehicle accident or crash that results in damage to another vehicle or other property, or if any person is injured, you have certain legal obligations to provide information and render aid. The failure to comply with this duty to provide information or render aid is a noncriminal or civil traffic infraction.

The duty to provide "identifying information" includes the following:

• you must provide your name and address;
• you must provide the registration number of the vehicle that you were driving;
• upon request from any other person involved, or any law enforcement officer investigating the accident, you must show your driver's license or permit to drive;
• if any person entitled to this information is unavailable after the accident, you are required to report the accident to the nearest law enforcement agency or police station.

Furthermore, under Florida law the judge may instruct the jury that the State proves the fourth element if the driver failed to give ANY PART of the "indentifying information."

The duty to render aid under Florida law includes the following:

• If anyone is injured, you must provide reasonable assistance, including making arrangements for the injured person to go to the hospital if such treatment appears to be necessary or if it is requested by the injured person.

Of course, the "leaving the scene" statutes under Florida law do not apply to any vehicle accident or crash that occurs during a motorsports event or at a closed-course motorsport facility.

Leaving the Scene of a Crash Involving Property Damage

Under Florida Statute Section 316.061, leaving the scene of an accident or crash ("hit and run") can occurred after an accident involving only property damage to another occupied vehicle or other attended property. A violation of this statute occurs when you leave the scene of the crash prior to providing the information required above. A violation of this statute is a second degree misdemeanor punishable by 6 months probation or 60 days in jail.

Duty to Move a Damaged Vehicle to Avoid Blocking Traffic

Although you have an obligation not to leave the scene of an accident, Florida law also requires you to make reasonable efforts to move your damaged vehicle if it is blocking or obstructing traffic. Many times an individual will move the vehicle to a nearby location so that the driver can call a family member or law enforcement officer with no intention to "leave the scene." Moving the vehicle to a nearby location to call for assistance or to prevent the vehicle from blocking or obstructing traffic may be a defense to any criminal charge.

Leaving the Scene of a Crash Involving Personal Injury or Death

Florida Statute Section 316.027 addresses the situation when a driver leaves the scene of an accident or crash that involves personal injury or death. The statutes provides that you must stop your vehicle at the scene of the crash and remain at the scene until you have provide information discussed above and rendered aid to any injured person as discussed above. Any willful violation of this statute after an accident involving injury to another is a felony in the third degree, punishable by up to five years in Florida State Prison.

Under Florida law, the prosecutor must prove the following four elements in order to prove the offense of leaving the scene of a crash involving injury:

1. The defendant was the driver of a vehicle involved in a rash resulting in injury to another person.
2. The defendant knew or should have known that he was involved in a crash.
3. The defendant should have known of the injury to another person.
4. Additionally, one of the following must be proven:

• The person charged with leaving the scene willfully failed to stop at the scene of the crash or as close to the crash as possible and remain there until he had given "indentifying information" to the other driver, injured person, an occupant of the vehicle, or a person attending the vehicle and to any police officer investigating the crash; or
• The person charged willfully failed to give or render "reasonable assistance" to the injured person if such treatment appeared to be necessary or was requested by the injured person.

Leaving the Scene of a Crash Involving Death

Florida Statute Section 316.027 also addresses the situation in which an accident results in the death of any person involved in the accident. If any person involved in the accident dies at the scene, then the offense of leaving the scene is a first degree felony punishable by thirty (30) years in Florida State Prison.

Under Florida law, the prosecutor must prove the following four elements in order to prove the offense of leaving the scene of a crash involving death:

1. The person charged with leaving the scene was the driver of a vehicle involved in a crash resulting in death of another person.
2. The person charged with leaving the scene knew or should have known that he was involved in a crash.
3. The person charged with leaving the scene knew or should have known of the injury to or death of another person.
4. Additionally, one of the following must be proven:

• The person charged with leaving the scene willfully failed to stop at the scene of the crash or as close to the crash as possible and remain there until he had given "indentifying information" to the other driver, injured person, an occupant of the vehicle, or a person attending the vehicle and to any police officer investigating the crash; or
• The person charged willfully failed to give or render "reasonable assistance" to the injured person if such treatment appeared to be necessary or was requested by the injured person.

Leaving the Scene while Driving Under the Influence (DUI)

Additionally, if you leaving the scene of any accident involving death or injury while driving under the influence (DUI), then the court upon your conviction must impose a minimum mandatory sentence of two (2) years in Florida State Prison.

Conclusion

If you have been involved in any vehicle accident in which it is alleged that you left the scene prior to providing the require information or rendering aid to any injured person, contact an experienced attorney for your "hit and run" case in Hillsborough County, Hernando County, Pinellas County, Manatee County, Polk County, or Pasco County, FL.

Call 813-250-0500 to discuss your case with an attorney today. We handle leaving the scene of an accident (hit and run) cases in the following cities in the Tampa Bay area, including Tampa, Plant City, New Port Richey, Dade City, Bartow, St. Petersburg, Clearwater, Bradenton or Brooksville, Florida.