Leaving the Scene of an Accident in Florida
The penalties for Leaving the Scene increase based upon the Property Damage, Personal Injury, or Death involved.
Leaving the Scene of an Accident is commonly referred to as a “Hit and Run” and is a crime in Florida.
Definition of Leaving the Scene of an Accident
Under Florida Statute 316.061, the crime of Leaving the Scene of an Accident is committed when a person:
- is involved in an accident or crash 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.
If the owner of the property is not present to receive 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.
Crash Involving Injury or Death
Under Florida Statute 316.027, if a person is involved in an accident or crash that results in injury or death to any person, including a passenger, the person is required to:
- Stop Immediately;
- Provide their 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 person to a medical professional for treatment if it is apparent that treatment is needed or the person requests assistance.
If the injured or deceased person is not in a condition to receive your information or be transported, you are required to report the accident or crash to the nearest law enforcement agency as quickly as possible and provide your name, address, registration information, and driver’s license.
Penalties for Leaving the Scene of an Accident
The penalties for the crime of Leaving the Scene of an Accident increase based upon whether the accident or crash involved Property Damage, Personal Injury, or Death.
In Florida, Leaving the Scene of an Accident can be charged as:
- Leaving the Scene of an Accident Involving Property Damage
- Leaving the Scene of an Accident Involving Injury
- Leaving the Scene of an Accident Involving Serious Bodily Injury
- Leaving the Scene of an Accident Involving Death
Leaving the Scene of an Accident Involving Property Damage
The crime of Leaving the Scene of an Accident Involving Property Damage is a Second Degree Misdemeanor.
If convicted of Leaving the Scene of an Accident Involving Property Damage, a judge can impose any combination of the following penalties:
- Sixty (60) days in jail.
- Six (6) months of probation.
- A fine up to $500.
Leaving the Scene of an Accident Involving Injury
The 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 convicted of Leaving the Scene of an Accident Involving Injury, a judge can impose any combination of the following penalties:
- Five (5) years in prison.
- Five (5) years of probation.
- A fine up to $5,000.
Driver’s License Revocation
Pursuant to Florida Statute 316.027 and 322.0261, any person convicted of Leaving the Scene of an Accident Involving Injury will have their driver’s license revoked for at least three years by the Florida DHSMV and cannot obtain a hardship license until they complete a 12-hour Advanced Driver Improvement Course.
Victim Injury Considerations
The inclusion of victim injury points under Florida’s sentencing guidelines can result in a minimum prison sentence a judge must impose, however victim injury points are generally only utilized when the crime actually caused the injury.
In the context of Leaving the Scene of an Accident, the crime is the act of leaving the scene after the crash, not the crash itself. Consequently, victim injury points are not presumptively required by the sentencing guidelines because the injuries were not caused by the act of leaving the scene. [1]
However, if the State proves the victim’s injuries were exacerbated due to a delay in medical treatment because emergency services were not notified timely due to the act of leaving the scene, victim injury points can be included in the sentencing guidelines calculation and may result in a presumptive prison sentence.
Leaving the Scene of an Accident Involving Serious Bodily Injury
The crime of Leaving the Scene of an Accident Involving Serious Bodily Injury is a Second Degree Felony punishable as a Level 6 offense under Florida’s sentencing guidelines.
Serious bodily injury is an injury to a person, including the driver, which consists of a physical condition that creates a substantial risk of death, serious personal disfigurement, or protracted loss or impairment of the function of a bodily member or organ.
If convicted of Leaving the Scene of an Accident Involving Serious Bodily Injury, a judge can impose any combination of the following penalties:
- Fifteen (15) years in prison.
- Fifteen (15) years of probation.
- A fine up to $10,000.
Driver’s License Revocation
Pursuant to Florida Statute 316.027 and 322.0261, any person convicted of Leaving the Scene of an Accident Involving Injury will have their driver’s license revoked for at least three years by the Florida DHSMV and cannot obtain a hardship license until they complete a 12-hour Advanced Driver Improvement Course.
Victim Injury Considerations
The inclusion of victim injury points under Florida’s sentencing guidelines can result in a minimum prison sentence a judge must impose, however victim injury points are generally only utilized when the crime actually caused the serious bodily injury.
In the context of Leaving the Scene of an Accident, the crime is the act of leaving the scene after the crash, not the crash itself. Consequently, victim injury points are not presumptively required by the sentencing guidelines because the injuries were not caused by the act of leaving the scene. [1]
However, if the State proves the victim’s injuries were exacerbated due to a delay in medical treatment because emergency services were not notified timely due to the act of leaving the scene, victim injury points can be included in the sentencing guidelines calculation and may result in a presumptive prison sentence.
Leaving the Scene of an Accident Involving Death
The crime of Leaving the Scene of an Accident Involving Death is a First Degree Felony punishable as a Level 7 offense under Florida’s sentencing guidelines.
If convicted of Leaving the Scene of an Accident Involving Death, a judge can impose a maximum sentence of thirty (30) years in prison, but is required to impose a mandatory minimum sentence of 4 years in prison.
- Thirty (30) years in prison.
- Thirty (30) years of probation.
- A fine up to $10,000.
Driver’s License Revocation
Pursuant to Florida Statute 316.027 and 322.0261, any person convicted of Leaving the Scene of an Accident Involving Injury will have their driver’s license revoked for at least three years by the Florida DHSMV and cannot obtain a hardship license until they complete a 12-hour Advanced Driver Improvement Course.
Victim Death Considerations
The inclusion of victim death points under Florida’s sentencing guidelines can result in an increased minimum prison sentence a judge must impose, however victim death points are generally only utilized when the crime actually caused the death.
In the context of Leaving the Scene of an Accident, the crime is the act of leaving the scene after the crash, not the crash itself. Consequently, victim death points are not presumptively required by the sentencing guidelines because the death was not caused by the act of leaving the scene. [1]
However, if the State proves the victim’s death was due to a delay in emergency services being contacted, victim death points can be included in the sentencing guidelines calculation and may result in an increased minimum prison sentence.
Defenses to Leaving the Scene of an Accident
In addition to the pretrial defenses and trial defenses that can be raised in any criminal case, specific or common defenses to the crime of Leaving the Scene of an Accident include:
Lack of Knowledge
While it should probably go without saying, knowledge of the accident is an essential element, as one cannot “willfully” leave an accident without awareness that an accident has occurred. This situation usually occurs where someone slightly hits a car while backing up, but does not feel the impact. Under this situation, one can argue they were unaware they ever impacted another vehicle. [2]
Likewise, to be convicted of the enhanced crime of Leaving the Scene of an Accident causing Injury or Death, the prosecution must prove either actual or constructive knowledge of the injury or death. Without such proof, the most a person could be convicted of is misdemeanor Leaving the Scene of an Accident.
Physically Unable to Report
If, because of the crash or injury, you were rendered physically incapacitated and unable to report the crash or accident; you are exempt from fulfilling the requirement to leave your name, address, registration information, and driver’s license to the owner of the property.
Undamaged Property
It is legal to leave the scene of a collision with property, such as a tree or curb, that was not damaged. [3] Notwithstanding this, many police officers will still arrest and charge people with Leaving the Scene of an Accident for colliding with property that was not damaged.
Contact Criminal Defense Attorney Richard Hornsby
If you are charged with the crime of Leaving the Scene of an Accident in Central Florida or the Greater Orlando area, contact Orlando Criminal Defense Lawyer Richard Hornsby today.
The initial consultation is free and I am always available to advise you on the proper course of action that can be taken.