Leaving the Scene of a Crash
After a traffic crash, you should stop and remain at the scene until you have provided your driver’s license and proof of insurance to anyone else involved in the crash or a law enforcement officer. If you leave the scene without providing all of the required information, then a criminal investigation begins.
If you already made the mistake of leaving the scene of an accident, then contact an experienced criminal defense attorney in Tampa, Hillsborough County, FL. We represent clients in the Tampa Bay area including Hillsborough County, Pasco County, Pinellas County, and Hernando County, Florida.
Call us before a law enforcement officer comes to your home or work to question you about the crash. We can help you invoke your right to remain silent and your right to have an attorney represent you at every stage of the case.
Although anything that you say will be used against you at trial, your attorney is often in the best position to tell your side of the story and present mitigating evidence that might help explain what happened. Hiring an attorney to defend you at the earliest stages of the case might help you avoid being charged with a crime.
We can also help you deal with your insurance company as they attempt to settle any civil claim against you. Don’t make a statement to any insurance company until after you speak to an attorney.
Attorneys for “Leaving the Scene of a Crash” in Tampa, FL
At Sammis Law Firm, our attorneys are experienced in representing clients in leaving the scene of a crash (often called “hit and run”) throughout the greater Tampa Bay area. We represent clients accused of a misdemeanor for leaving the scene of a crash with unattended property or attended property.
We also represent clients for felony charges of hit and run involving personal injury, serious bodily injury, or death.
Never leave the scene of a crash. But if you have already made that mistake and a criminal investigation has begun, contact us.
Contact us to speak directly with an attorney about the facts of your case. Find out the best things to do right now to protect yourself against this serious accusation. At every stage of the case, we can help you deal with the investigating officer and your insurance company.
Call (813) 250-0500.
Types of Criminal Charges for Leaving the Scene
Leaving the Scene of a Crash is a serious criminal driving offense under Florida law that comes with serious criminal penalties. In addition to fines and possible jail or prison time, the court can order revocation or suspension of your Florida driver’s license.
Even if you are able to avoid a suspension or revocation, any charge of “leaving the scene” or “hit and run” will cause your auto insurance premiums to increase dramatically for many years to come.
Different statutes in Florida address the criminal offense of leaving the scene of a crash. Depending on the facts of the case, the crime can be filed as either a misdemeanor or a felony.
The type of charge depends on whether any injury or damage was caused to:
- unattended property (hitting an empty parked car, mailbox, or fence);
- attended property (hitting a vehicle while a driver or passenger is inside of that vehicle);
- a person who suffered a bodily injury of a non-serious nature;
- a person who suffered personal injury classified as “serious bodily injury”; or
- a person who died as a result of injuries suffered from the crash.
How many points for leaving the scene of an accident in Florida? If you are convicted of leaving the scene of a crash causing property damage, the DHSMV will impose 6 points on your driver’s license if you are adjudicated guilty. If the court withholds adjudication, then no points are accessed.
Invoke Your Right to Remain Silent after the Crash
If you are under criminal 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.
After the criminal investigation begins, you have a right to invoke the 5th amendment and remain silent about the facts of the case. Your side of the story can best be told by 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 Remain at Scene and Exchange Information
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.
You should always remain at the scene after a crash until these requirements have been met. Leaving the scene can lead to serious criminal charges.
If you already left the scene then a criminal investigation has begun and you should talk with an attorney who can represent you. The duty to provide “identifying information” includes the following:
- your name and address;
- 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 a 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 “identifying information.”
Duty to Render Aid and Provide Reasonable Assistance
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 with Unattended Property
Most charges for leaving the scene of a crash involving unattended property occur after a person hits a parked car causing more than $50 in damage and then leaves the scene.
Florida Statute 316.063 imposes the duty to remain at the scene after striking unattended property or vehicles when property damage occurs.
A violation of this statute for leaving the scene of a crash causing damage to unattended property can be filed as a second-degree misdemeanor which is punishable by a fine of up to $500 plus court costs and up to 6 months probation or up to 60 days in jail.
After a crash with unattended property causing damage to that property, Florida Statute 316.063 requires you to stop and locate the owner of the property and provide the owner of the property with your name, address, and the registration number of your vehicle.
Alternatively, if the owner of the property cannot be located, then you have a duty to attach securely in a conspicuous place in or on the damaged vehicle or other property a written notice giving your name, address, and registration number of your vehicle.
After attaching your information to the vehicle, you are then required to immediately report the crash to law enforcement.
Leaving the Scene of a Crash Involving Damage to Attended Property
Under Florida Statute Section 316.061, leaving the scene of an accident or crash (“hit and run”) can occur after an accident involving only property damage to another occupied vehicle or other attended property.
This type of charge usually occurs when you hit another vehicle occupied by a driver or passenger.
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, as well as a fine of up to $500.
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 injury, serious bodily injury, or death.
The statutes provide that you must stop your vehicle at the scene of the crash and remain at the scene until you have provided the information discussed above and rendered aid to any injured person as discussed above.
If you left the scene of a crash involving injury, then the crime can be charged as 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 to prove the offense of leaving the scene of a crash involving injury:
- The defendant was the driver of a vehicle involved in a crash or accident occurring on the public or private property resulting in [injury to] [death of] any person.
- The defendant knew that he was involved in a crash or accident.*
- The defendant knew or should have known from all of the circumstances, including the nature of the crash or accident, of the injury to or death of the person.
- Additionally, one of the following elements 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 “identifying 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. Leaving the scene of a crash involving a death is a first-degree felony under section 316.027(1)(b) which is punishable by up to thirty (30) years in Florida State Prison.
The statute requires “[t]he driver of any vehicle involved in a crash . . . that results in the death of any person” to “immediately stop” at the scene, comply with certain reporting requirements, and render assistance to anyone injured. § 316.027(1)(b), Fla. Stat. The reporting and assistance requirements are found in § 316.062, Fla. Stat.
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:
- The person charged with leaving the scene was the driver of a vehicle involved in a crash resulting in the death of another person.
- The person charged with leaving the scene knew or should have known that he was involved in a crash.
- The person charged with leaving the scene knew or should have known of the injury to or death of another person.
- Additionally, one of the following elements 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 “identifying 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 leave the scene of an 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.
In many of these cases where DUI is alleged, the person that leaves the scene of the accident is picked up a short distance away from the crash.
These cases often involve a breath or blood test or a refusal to submit to chemical testing after being advised of Florida’s implied consent statute. The implied consent statute imposes an administrative suspension of the driver’s license after a refusal to submit to a lawful test.
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.
A CDL Holder Who Leaves the Scene of an Accident
If a CDL holder operates a motor vehicle and is convicted of leaving the scene, then Florida law provides for the following periods of disqualification from operating a commercial motor vehicle:
- For a first conviction or refusal to be tested while operating a CMV:
- one year;
- For a first conviction or refusal to be tested while operating a non-CMV:
- one year;
- For a first conviction or refusal to be tested while operating a CMV transporting hazardous materials required to be placarded under the Hazardous Materials Regulations (49 CFR part 172, subpart F):
- three years;
- For a second conviction or refusal to be tested in a separate incident of any combination of offenses in this article while operating a CMV:
- lifetime; or
- For a second conviction or refusal to be tested in a separate incident of any combination of offenses in this article while operating anon- CMV:
- lifetime.
Proving Actual Knowledge of the Crash is Required
As a result of the decision in State v. Dorsett, 158 So.3d 557 (Fla.2015), the Supreme Court of Florida approved changes to the standard jury instructions 28.4 for leaving the scene of a crash involving death or injury.
The Standard Jury Instructions 28.4, 28.8(b), and 28.8(e) were modified to reflect the actual knowledge element, i.e., that the defendant knew that he or she was involved in a crash or accident, consistent with this Court’s decision in State v. Dorsett, 158 So.3d 557, 563 (Fla.2015).
The jury instruction now requires that the “Defendant knew that he or she was involved in a crash or accident.” The option to find that Defendant knew or should have known has been deleted.
Additionally, the instruction now requires an element that the Defendant “knew or should have known from all of the circumstances, including the nature of the crash or accident, of the injury to or death of the person.” See In re Standard Jury Instructions In Criminal Cases–Report No. 2013-04, 166 So. 3d 161, 163 (Fla. 2015).
Double Jeopardy for Multiple Counts of Leaving the Scene
If you hit more than one vehicle in the process of leaving the scene of an accident, then you might be charged with more than one charge of leaving the scene of an accident involving property damage.
Having multiple charges might violate double jeopardy unless each crash was a distinct criminal act. The court looks at different factors to make this determination including the time and distance between the different crashes.
If the charges all result from one distinct act, then bringing separate charges for leaving the scene of an accident involving property damage would violate the double jeopardy clauses of the state and federal constitutions. If each crash is determined to be a distinct criminal act, then no double jeopardy protection would be triggered.
Section 316.061(1), Florida Statutes, defines the crime of leaving the scene of an accident, in part, as follows:
The driver of any vehicle involved in a crash resulting only in damage to a vehicle or other property which is driven or attended by any person shall immediately stop such vehicle at the scene of such crash or as close thereto as possible, and shall forthwith return to, and in every event shall remain at, the scene of the crash until he or she has fulfilled the requirements of s. 316.062.
§ 316.061(1), Fla. Stat. The statute speaks in terms of “the scene of such crash” which leads to the conclusion that each crash scene comprises a discrete unit of prosecution.
In Yeye v. State, 37 So. 3d 324 (Fla. 4th DCA 2010), the court determined that multiple convictions of leaving the scene of a crash involving property damage under section 316.061 violate double jeopardy. The Yeye case involved one crash into a parked car which set off a chain reaction involving two other parked cars. Id. at 325. The prosecutor charged the defendant with three separate counts of leaving the scene of an accident, one count for each car. Id.
The court ruled that section 316.061(1) “does not reveal an intent on the part of the Florida Legislature to authorize separate punishments for multiple counts of leaving the scene of an accident in a situation such as this.” Id. at 326.
Since Yeye’s multiple convictions of leaving the scene of an accident violated the prohibition against double jeopardy, the court explained: “[The defendant]’s single act of driving his car into the three parked cars was a single act. His decision to leave the scene of the chain reaction accident he caused constitutes the commission of one crime.” Id.
In Hardy v. State, 705 So. 2d 979 (Fla. 4th DCA 1998) and Hoag v. State, 511 So. 2d 401 (Fla. 5th DCA 1987), the defendant’s failure to stop at one accident scene. In that case, the court determined that the intended “unit of prosecution” under a statute similar to section 316.061(1) “is not the number of victims, but the number of accidents.” Hardy, 705 So. 2d at 980.
Finding a Lawyer for Leaving an Accident Scene in Tampa, FL
If you have been involved in any vehicle accident in which it is alleged that you left the scene prior to providing the required 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, Polk County, or Pasco County, FL.
We represent clients charged with any of the following offenses:
- Criminal charges for accidents involving personal injuries other than serious bodily injury, failure to stop; leaving the scene are charged as a Level 5 third-degree felony under 316.027(2)(a);
- Criminal charges for leaving the scene of a crash involving serious bodily injury are charged as a Level 6 second-degree felony under 316.027(2)(b); or
- Criminal charges for an accident involving death, failure to stop; leaving the scene are charged as a Level 7 first-degree felony for under 316.027(2)(c).
Call (813) 250-0500 to discuss your case with a criminal defense 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 or Brooksville, Florida.
We also represent clients charged with civil traffic infractions after a death occurs in the crash for speeding, failure to maintain lane, improper U-turn, running a red light, improper backing, or running a stop sign.
This article was last updated on Tuesday, May 24, 2022.
