If you have been charged with leaving the scene of an accident then you may have a defense. Lack of knowledge and undamaged property are defenses that are oftentimes successful when fighting a leaving the scene of an accident case. Even if you don’t think you have a defense, you should always speak to an attorney to make sure you have a full understanding of how the law applies specifically to your case. If you want to know more about the lack of knowledge defense, or if you want to speak to a lawyer about how to beat your leaving the scene of an accident case in Florida, contact Matthew Williams now for a free consultation.
Leaving the scene of an accident in Florida is defined under Florida Statute 316.061. A person commits leaving the scene of an accident when they are involved in an accident or crashes with another person’s property, such as a vehicle, building, or structure; and willfully leaves the scene of the accident or crash without providing their name, address, registration information, and driver’s license to the owner of the property.
Even if the owner of the damaged property is not around at the time of the crash, the driver is required to report the accident or crash to the nearest law enforcement agency and provide your name, address, registration information, and driver’s license.
In addition, leaving the scene of an accident involving injury or death is defined under Florida Statute 316.027. If a driver is involved in an accident or crash that results in injury or death to any person, including a passenger, the driver is required to:
- Stop immediately;
- Provide the name, address, registration information, and driver’s license; and
- Render reasonable assistance to the injured or deceased person by transporting, or making arrangements for the transportation, of the injured or deceased person to a medical professional for treatment if it is apparent that treatment is needed or the person requests assistance.
Leaving the scene of an accident with property damage is a second-degree misdemeanor, meaning you can be sentenced to up to 60 days in jail, or up to 6 months on probation and up to $500 in fines.
Leaving the scene of an accident involving injury is a third-degree felony, meaning you can be sentenced to up to 5 years in prison, or up to 5 years on probation and up to $5,000 in fines (you can also be sentenced to a jail or prison sentence followed by probation but the total length of the sentence cannot exceed 5 years).
Leaving the scene of an accident involving serious bodily injury is a second-degree felony, meaning you can be sentenced to up to 15 years in prison, or up to 15 years on probation and up to $10,000 in fines (you can also be sentenced to a jail or prison sentence followed by probation but the total length of the sentence cannot exceed 15 years).
Leaving the scene of an accident involving death is a first-degree felony, meaning you can be sentenced to up to 30 years in prison, or up to 30 years on probation and up to $10,000 in fines (you can also be sentenced to a jail or prison sentence followed by probation but the total length of the sentence cannot exceed 30 years). There is also a minimum mandatory 4-year prison sentence that must be imposed in any case where the Defendant is convicted of leaving the scene of an accident involving death.
Criminal convictions carry severe consequences and can never be removed from your criminal record. If you are convicted of a felony you will lose your right to vote, your right to own firearms, and your ability to maintain certain business licenses, even for a driving offense. You can also lose your ability to receive financial aid, your ability to live in certain places and your ability to obtain a passport.
If you need an attorney who will advise you, fight for your rights, and do everything possible to protect your future, or if someone you know has been charged with leaving the scene of an accident in Florida then contact Matthew Williams now for a free consultation.