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Leaving the Scene / Hit and Run in Florida

Jacksonville, FL Leaving the Scene of an Accident Attorney

Under Florida law, Leaving the Scene of an Accident, or “Hit and Run,” is a serious criminal offense that may be charged as a felony or misdemeanor, depending on the facts of a particular case. If you have been charged with leaving the scene of an accident or “hit and run” in Florida, contact an experienced Jacksonville leaving the scene of an accident attorney today.

At Hussein & Webber, PL, our criminal defense team has extensive experience representing clients accused of leaving the scene of an accident and “hit and run.” There are many defenses available to contest this type of charge, and a hit and run criminal defense attorney is an essential resource for avoiding or mitigating possible penalties.

The Duty to give Information or Aid at the Scene of a Crash: Attended Vehicles

In Florida, the driver of any vehicle involved in a crash resulting in injury, death, or property damage must comply with specified duties. Under Sections 316.027, 316.061, and 316.062, Florida Statutes, the driver must stop his or her vehicle at the scene of the crash (or as close thereto as possible) and give his or her name, address, and vehicle registration number to the other driver. Where there is personal injury or property damage, the driver must, upon request of the other person, also exhibit his or her license or permit to drive. If the nature of the injuries require it, the driver must also render “reasonable assistance” to the injured person, including the carrying, or the making of arrangements for the carrying, of such person to a physician, surgeon, or hospital for medical or surgical treatment. Under the statute, this duty will only apply where it is apparent that treatment is necessary, or if such carrying is requested by the injured person.

In the event none of the persons specified are not in a condition to receive the information to which they otherwise would be entitled to, and the driver must report the crash or accident to the nearest police department or law enforcement agency.

The Duty to Give Information: Unattended Vehicles and Property

Under Section 316.063, Florida Statutes, the driver of any vehicle which collides with any unoccupied vehicle or unattended property, resulting in any damage to such other vehicle or property, must immediately stop and attempt to either: (1) locate and notify the owner of the vehicle or other property of the driver’s name and address and the vehicle registration number for the driver, or (2) attach securely in a conspicuous place in or on the vehicle or other property a written notice giving the driver’s name and address and the registration number of the vehicle he or she is driving. Afterwards, the driver must contact nearest police department and inform them of the incident. A violation of these requirements is a second degree misdemeanor, punishable by up sixty days in jail.

The Duty to Move Your Vehicle Out of Traffic

Although you have an obligation not to leave the scene of an accident, Sections 316.027 and 316.061 of the Florida Statutes also require you to make reasonable efforts to move your damaged vehicle from the roadway if it is blocking or obstructing traffic. Often, a driver involved in a crash will move the vehicle to a nearby location so that the driver can call a family member or law enforcement officer with no intention of "leaving the scene of an accident." If the moving of the vehicle was done to prevent an obstruction or blocking of traffic, this may provide a defense to a subsequent charge of leaving the scene of an accident (discussed below).

Leaving the Scene of an Accident Involving Property Damage

In Florida, the driver of a vehicle involved in a crash resulting only in damage to a vehicle or other property (i.e. no personal injuries) must immediately stop his or her vehicle at the scene of the crash or as close thereto as possible and must forthwith return to, and in every event must remain at, the scene of the crash until he or she has fulfilled the general statutory requirements pertaining to giving information and rendering aid. See Section 316.062, Florida Statutes. Again, these requirements include: (1) stopping, (2) locating and notifying the operator or owner of the vehicle or other property of the driver's name and address and the registration number of the vehicle he or she is driving, or (3) attaching securely in a conspicuous place in or on the vehicle or other property a written notice giving the driver's name and address and the registration

number of the vehicle he or she is driving. If no police officer is present, the driver must notify the nearest police department or law enforcement agency.

Leaving the Scene of an Accident Involving Injury or Death

Florida law requires the driver of a vehicle involved in a crash resulting in the injury or death of any person to immediately stop his/her vehicle at the scene of the crash, or as close thereto as possible, and to remain at the scene of the crash until he or she has fulfilled the requirements of the statute governing leaving the scene of a crash involving injury or death (see our discussion of duties above).

Where a crash in Florida involves personal injury or death, willful violation of the statutory requirements described above constitutes a felony of the third degree. However, where the crash results in a death, a willful violation constitutes a felony of the first degree and carries a mandatory minimum term of imprisonment of two years. In either case, the court may order the driver to pay restitution- limited to damages arising from the criminal act of leaving the scene as opposed to all damages resulting from the accident-- and the Florida Department of Highway Safety and Motor Vehicles will revoke the driver's license of the person convicted of failing to stop at the scene of a crash.

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

If you have been charged with leaving the scene of an accident or car crash in Florida, or if you are under investigation for doing so, it is essential that you exercise your right to remain silent. Speak with a Jacksonville, FL criminal attorney prior to making any statement. Often, police in Florida have made up their minds about what happened in the accident or crash based on what the other driver has alleged. This means that anything you say can and will be interpreted in a way to incriminate you. An attorney can help you avoid making such statements and can present contrary evidence to help prevent charges from being pursued in the first place.

Conclusion

If you have been accused of leaving the scene of a car crash or vehicle accident in Florida, contact an experienced Jacksonville leaving the scene lawyer immediately. Our attorneys have extensive experience defending these types of cases and will work to contest the charge or mitigate possible penalties. Call our Jacksonville criminal defense attorney today for a free consultation.