Leaving the Scene of an Accident Charges in Florida
If you’re facing leaving the scene of an accident charges in Florida your best move is to hire a strategic skilled attorney immediately. You could potentially be sentenced to years in prison thousands of dollars in fines and revocation of your driver’s license.
Receiving any—or all—of these consequences can turn your life upside-down for years to come. If you or a loved one need a leaving the scene of an accident lawyer call Simko Law Group today at (561) 951-1264.
How Florida Defines Leaving the Scene of an Accident
Under Florida Statute 316.061 leaving the scene of an accident—also called ‘hit-and-run’—is defined as a driver failing to remain at the scene of the accident and fulfill their legal duties.
This can take many forms. All of the following would constitute leaving the scene of an accident:
- You accidentally bump another parked car notice minor damage to the other vehicle and drive away without leaving any information
- You strike a pedestrian in the crosswalk and drive away instead of checking on them
- You sideswipe another vehicle on the highway and even though the other driver pulls over you keep driving
- You crash into someone’s fence or mailbox and leave without notifying the owner or the police
- You’re driving home buzzed after a party strike a parked car on the street panic and flee the scene
Your Legal Duties Following an Accident in FL
What’s legally required of you following an accident in FL depends on the type of damage caused by the crash.
Per Florida law if only property damage occurred you must:
- Immediately stop your vehicle at the scene or as close as possible
- Give your name address and vehicle registration information to the property owner
- Show the property owner your driver’s license if they ask to see it
- Give your address license registration and other identifying info to police at the scene
- If the property is unattended you must locate the owner or conspicuously attach a written note with all of the above information and alert the nearest police department
Under Florida Statutes 316.027 and 316.062 if another person suffers bodily injury or death you’re required to:
- Immediately stop your vehicle at the scene or as close as possible
- Give your name address and vehicle registration information to the other driver
- Show the other driver your driver’s license if they ask to see it
- Give your address license registration and other identifying info to police at the scene
- Render “reasonable assistance” if medical treatment is necessary or requested by the other driver (including making sure they’re transported to a hospital)
- Report the crash to the nearest law enforcement authority if the other driver isn’t able to receive the above details
What Happens When DUI is a Factor
First things first you can be hit with leaving the scene of an accident charges in Palm Beach County even if you didn’t consume a drop of alcohol. But DUI and leaving the scene of an accident often occur together so it’s important to know what you can expect from this situation.
If you’re charged with both a DUI and a hit-and-run you’re facing two separate sets of penalties.
You see there is no single charge that covers both offenses. The prosecution will work to demonstrate that you were intoxicated or impaired at the time of the accident and that you fled the scene.
If your case goes to trial you can be convicted of one both or neither of the charges.
Penalties for Leaving the Scene of an Accident Charges in Florida
Just like your legal duties depend on the nature of the accident so do the potential penalties.
If the accident resulted in injuries to another person your sentence may include:
- A third-degree felony on your criminal record
- Up to 5 years in a Florida state prison
- Up to 5 years of mandatory probation
- Restitution paid to the victim
- Additional fines up to $5000
- Completing a victim’s impact education session
- Suspension of your driver’s license for 3 years minimum
If the crash resulted in the death of another person consequences include:
- A first-degree felony on your criminal record
- Minimum of 4 years in a Florida state prison up to 30 years
- Restitution paid to the victim or next of kin
- Additional fines up to $10000
- Completing a victim’s impact education session
- Suspension of your driver’s license for 3 years minimum
If the crash resulted in property damage your sentence may involve:
- A second-degree misdemeanor on your criminal record
- Up to 60 days in jail
- Fines up to $500
Finally if you were intoxicated at the time of the accident you face additional penalties like:
- A misdemeanor or felony on your criminal record depending on your BAC and existing record
- 6 months or more in jail
- Fines ranging between $500 and $5000
- Suspension or permanent loss of your driver’s license
- Impoundment of and/or being barred from driving your vehicle
- Mandatory completion of a substance abuse education program
- Installation of an ignition interlock device on your vehicle
- Mandatory community service
Book Your Free Consultation with a Dedicated Strategic Leaving the Scene of an Accident Lawyer
If you want the best possible outcome for your case it’s crucial that you hire a reliable tactical leaving the scene of an accident lawyer who knows Florida law extremely well.
Trying to navigate this situation on your own might result in a plea deal from the prosecution but the odds of this agreement benefiting you are slim to none. The state looks very harshly upon DUI and leaving the scene of an accident.
If you still aren’t sure whether Simko Law Group is the best fit for your specific charges call us today at (561) 951-1264 for your free consultation. We’ll do absolutely everything in our power to preserve your driver’s license your freedom and your reputation.
FAQs About Leaving the Scene of an Accident Charges in Florida
Can you be arrested for leaving the scene of an accident in Florida?
Yes you can be arrested for leaving the scene of an accident in Florida. Depending on the nature of the crash you may find yourself facing misdemeanor or felony charges.
Even though in the moment it might seem like a safe idea to flee the scene doing so can result in penalties that permanently change the course of your life—such as years in prison huge hikes to your car insurance rates and losing your license.
Can you be charged if you leave the scene but later return in Florida?
Yes you can still be charged if you leave the scene but later return in Florida. Doing this doesn’t automatically “cancel out” the offense or the potential penalties.
But every case is unique. If you left but immediately returned the police and prosecution might see your willingness to cooperate as a reason to give you a lesser sentence.
If you leave the scene and return after a long delay your case is likely to get a bit more complicated. The police may think for example that you were gone so long because you knew you’d fail a breathalyzer test.
Can a hit-and-run charge be expunged from your record in Florida?
No if you were convicted of a hit-and-run charge in Florida the offense can’t be expunged from your record—it’s visible for life.
However if your hit-and-run attorney can convince the prosecution to dismiss the charges against you then you could apply for expungement.
If you or a loved one are facing leaving the scene of an accident charges in Florida a dedicated knowledgeable traffic attorney can help you every step of the way—from arguing against the prosecution’s evidence to getting your record expunged. Call Simko Law Group today at (561) 951-1264 for your free case consultation.