Leaving the scene of an accident

In recent years, like other traffic-related crimes, the Florida legislature has increased the penalties associated with leaving the scene of an accident. In some cases, conduct that was once only a misdemeanor has now become a felony. In addition to possible imprisonment, your diver’s license can also be suspended or revoked under the statute that designates the offense of Leaving the Scene of an Accident or as a Habitual Traffic Offender.

• A driver of any vehicle involved in a crash resulting solely in vehicle damage or other property damage and who leaves the scene, if convicted, faces a fine of up to $500 and/or 60 days in jail.

• A driver of any vehicle involved in a crash resulting in injury to any person leaving the scene, if convicted, faces a felony punishable by up to 5 years in prison and driver’s license revocation.

• A driver of any vehicle involved in a crash that results in the death of any person who leaves the scene, if convicted, faces a felony punishable by up to 30 years in prison and driver’s license revocation.

However, a thorough investigation of the facts of your case may reveal defenses or deficiencies in the state’s case. Your attorney will review the facts to determine deficiencies such as whether the evidence can show that the state cannot prove that you were the driver of the car; or if the state cannot prove that you knew you caused property damage or injury to a person; or if statements were obtained during the accident investigation for which the Accident Reporting Privilege applies; or if statements were obtained in violation of your Miranda Rights?

Conclusion

Florida laws related to the charge of leaving the scene of an accident have become stricter in recent years. However, these types of cases lend themselves to legal defenses and possible deficiencies in the state’s case.