Jacksonville Criminal Defense Attorney Blog
Were you arrested or given a notice to appear for leaving the scene of an accident in Florida? Or, have you received calls from the police requesting to discuss you leaving the scene of an accident with them? If so, there are steps you can take to avoid being found guilty even if you really did hit a car and then leave the scene.
Leaving the scene of an accident, or “hit and run” as it is commonly called, is governed by
Florida Statute section 316.061. Under that section, the offense of leaving the scene is committed when you:
- are involved in an accident or crash with another person’s property; such as a vehicle, building, or structure; and
- willfully leave the scene of the accident or crash without providing your name, address, registration information, and driver’s license to the owner of the property.
If the owner of the property is not present for you to provide your information or cannot be readily located, you are required to report the accident or crash to the nearest law enforcement agency and provide your name, address, registration information, and driver’s license.
The crime of leaving the scene of an accident involving only property damage is a second degree misdemeanor. If you are convicted of leaving the scene of an accident involving property damage, you can be subject to the following penalties in your case:
- sixty (60) days in jail;
- six (6) months of probation; and/or
- a fine not exceeding $500.
The more serious crime of leaving the scene of an accident involving injury is a third degree felony punishable as a level 5 offense under Florida’s sentencing guidelines. If you are found guilty of leaving the scene of an accident involving injury, a judge can impose any of the following penalties:
- five (5) years in prison;
- five (5) years of probation; and/or
- a fine up to $5,000.
Also, if you are convicted of leaving the scene of an accident involving injury your driver’s license will be revoked for a minimum of three years by the Florida Department of Highway Safety and Motor Vehicles. You will not be eligible for a hardship license until you complete a 12-hour Advanced Driver Improvement Course pursuant to Florida Statute section 316.027 and 322.0261.
The officers investigating your leaving the scene case are often concerned that you may have left the accident scene out of concern you might be found to have been driving under the influence of drugs or alcohol. They are sometimes also concerned you fled the scene because you do not have automobile insurance as required by Florida law. Your lawyer can help allay these concerns so that your case can be resolved in a manner that avoids you being found guilty of the offense.
Additionally, your lawyer may be able to assert various defenses to your charge of leaving the scene of an accident. One such defense is that you were unaware your vehicle caused any damage to another’s vehicle or other property. This can occur where the contact with the other vehicle or property is so slight that you did not feel or hear any impact.
Likewise, to be convicted of the more serious crime of leaving the scene of an accident causing injury, the State must prove your knew, or should have known, of the other party’s injury. Where such proof is lacking, you could at most only be properly convicted of misdemeanor leaving the scene.
Moreover, if the crash left you physically unable to report the crash or accident, you would be excused from the requirement to leave your name, address, registration information, and driver’s license to the owner of the damaged vehicle or other property.
Finally, it is legal to leave the scene of a collision with property that was not damaged such as a tree or curb.
Leaving the scene of an accident is a criminal traffic offense in Florida. That means if you’re found guilty of the offense, you will have a record of having been convicted of a crime. Criminal convictions can cause the loss of current employment, difficulty obtaining future employment, difficulty obtaining a loan, difficulty leasing property and difficulty entering or retaining military employment. It is therefore very important for you to avoid being convicted of the crime of leaving the scene of an accident, if at all possible.
If you were arrested, received a notice to appear, or have the police requesting to speak with you about leaving the scene of an accident, you should consult with a Jacksonville criminal defense attorney knowledgeable about how to resolve your case without you being found guilty. Doing so will give you the best chance of having your case resolved without leaving a criminal conviction on your record. Call me now for a free case strategy session to discuss how I can best help you with your leaving the scene / hit and run case in Jacksonville, Fernandina Beach, Yulee, Macclenny, Green Cove Springs, Middleburg, St. Augustine or surrounding areas.