Leaving the Scene of an Accident
Pinellas County, Florida Hit-and-Run Collision
The Legislative History of Leaving the Scene of an Accident
Hit-and-run laws arose in the early days of the automobile. Car accident victims faced difficulties in identifying perpetrators so that they could be properly brought to justice. Apart from the obvious ability of an automobile to quickly flee the scene, roads were quite dusty and drivers often wore driving goggles which obscured their faces. To make matters worse, vehicles at the time did not have license plates and identifying a horseless carriage to a particular owner could be impossible.
Hit and Run in Florida
The modern offense of Leaving the Scene of an Accident has been taken seriously by the Florida Legislature and can result in considerable consequences. Such potential penalties entail fines and driver's license ramifications. A conviction for a leaving the scene of an accident offense that causes any property damage will automatically add 6 points to your driver's license, something that could cause a serious insurance premium increase. In addition, such conduct is treated and prosecuted as a criminal offense.
Three Types of Leaving the Scene of an Accident Charges
- Damaging an Unattended Vehicle or Property (Florida Statue 316.063)
A driver who hits unattended property has the duty to make an effort to locate the owner of the damaged property. If the owner cannot be found, the driver should visibly leave a note indicating his name, address and registration information. Furthermore, the driver is also required by law to contact law enforcement and notify them of the accident. Failure to comply with this statute results in a misdemeanor of the second degree. This violation can carry up to 60 days imprisonment and up to a $500 fine. Read Florida Stat. 316.063.
- Accidents Involving Occupied Vehicles or Attended Property (Florida Statute 316.061)
A driver who crashes into an occupied vehicle or attended property that results only in property damage is required to remain at the scene of the accident until he completes his statutory duties. These duties include exchanging pertinent information such as name, address and registration, presenting a driver's license, and notifying law enforcement of the accident. A driver who violates this statute has committed a misdemeanor of the second degree. This violation can result in up to 60 days imprisonment and up to a $500 fine. Read Florida Stat 316.061.
- Accidents Causing Death or Personal Injury (Florida Statute 361.027)
A driver who is involved in an accident that causes any personal injury must remain at the scene of the accident until completing his statutory duties. These duties also include exchanging pertinent information, presenting a driver’s license, notifying law enforcement, and providing reasonable aid to the injured party. A willful violation of this statute results in a felony of the third degree. A third degree felony carries an imprisonment term of up to 5 years, and a possible fine of up to $5,000. Learn more about the impact of a felony conviction.
Are the Police are Looking for You?-
Determining which law enforcement agency has jurisdiction over the matter;
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Ascertaining which law enforcement officer is assigned to your case;
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Contacting that officer to present mitigating information and to show a spirit of cooperation and respect for the legal system;
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Making arrangements to have the officer issue a “Uniform Traffic Citation/Notice to appear” instead of effectuating your formal arrest.
By taking pre-emptive action, we can often:
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Avoid an embarrassing untimely arrest;
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Be effective in convincing the officer to charge you with a lesser offense;
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Use your voluntary cooperation with law enforcement as a mitigating factor with the Prosecutor or Judge in an effort to secure the most lenient sentence.
Did You Even Realize Someone Sustained an Injury in the Accident? Did You Leave the Scene Because You Didn’t Think There was any Property Damage? Did You Simply Panic?-
They were driving on a suspended license;
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They did not have a current auto insurance policy; or
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They were driving under the influence ("DUI Hit & Run").
Clients often explain that they feared being caught for the abovementioned violations, so they elected to flee the scene and take their chances with later being apprehended by the police.
We may be able to negotiating a “plea bargain” for a “withholding of adjudication.” Such a final disposition might necessitate the completion of a driver improvement course or the completion of community service hours. Click for more information on Avoiding Conviction.
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