Leaving the Scene of an Accident, commonly referred to as a “Hit & Run,” can range in severity from a minor civil citation to a first-degree felony punishable by up to 30 years in Florida State Prison (Fla. Stat. §316.027(2)(c)).
Whether you’re accused of failing to leave a note after scratching a parked car, or you’re being investigated in a fatal crash, it’s crucial to understand your legal exposure—and to contact an experienced hit and run defense lawyer immediately.
What Is Considered a Hit and Run in Florida?
In Florida, when you are involved in an auto accident that either involves property damage or injury (including death), you must leave your name, address, registration number of your vehicle, and if requested, produce a valid Driver’s License. If anyone needs or requests medical attention, you must make reasonable steps to assist, which in today’s times calling 911 via your cellphone is normally enough.
What determines the result of being involved in an accident and not providing the above is what was either damaged or the extent of any injuries that result from the accident. The possible charges for “Hit & Run” in Florida are as follows:
Types of Hit and Run Charges & Penalties in Florida
- Leaving the Scene of an Accident with Unattended Property – A Civil Infraction with a fine up to $500.00. Fla. Stat. §316.062
- Leaving the Scene of Accident with Attended Property – a 2° Misdemeanor punishable by up to 60 days in the County Jail. Fla. Stat. §316.061
- Leaving the Scene with an Injury not including Serious Bodily Injury or Death – a 3° Felony punishable by up to 5 years in Florida State Prison. Fla. Stat. §316.027(2)(a)
- Leaving the Scene involving Serious Bodily Injury – a 2° Felony punishable by up to 15 years in Florida State Prison. Fla. Stat. §316.027(2)(b)
- Leaving the Scene involving Death – a 1° Felony punishable by up to 30 years in Florida State Prison with a 4-year minimum mandatory sentence. Fla. Stat. §316.027(2)(c)
In addition to the above, if damages to property or injury was the result of the act of leaving the scene, and not from the accident itself, then the Court can order restitution for the damages that result from the conduct of Leaving the Scene.
You Can Be Charged Even if the Accident Wasn’t Your Fault
With such a wide variety of punishment for not remaining at the scene of the accident, it is in your best interest to speak with an experienced Tampa Criminal Defense Lawyer to help you navigate the penalty minefield described above.
Often, there are times that I am contacted by someone who rear-ended a parked car, and a police officer has called them sounding like it is not a big deal to just come down to straighten out the simple “misunderstanding.” When a police officer contacts you about a “fender bender” that occurred the other day, that officer likely has all the facts, and he wants to seal the case against you with your “confession.” When individuals do meet with that officer, often there is more to it than the officer will tell you over the phone.
Are you aware that even a “simple” civil traffic citation can carry 6 points on your license? That gets you halfway to a 30-day suspension of your Driver’s License, and it takes 3 years for those 6 points to no longer count against you.
When an attorney at Taracks & Associates is consulted and retained before you meet with a police officer trying to complete a traffic crash investigation, a plan to resolve this matter is developed so the ramifications of leaving the scene can be minimized.
If you left the scene of a nighttime accident, police may suspect you did so to avoid a DUI arrest. Even if too much time has passed for testing, officers may try to get you to admit to drinking, which could result in DUI-like sentencing enhancements.
If you’re in this position, contact a seasoned DUI lawyer right away. Early legal intervention can prevent damaging statements and help preserve your defense options.
Leaving the Scene of an Accident allegations can have such a wide range of penalties based upon many facts that you are not likely to know. Even the location of your damaged car can have implications including Obstruction of Justice or even Tampering with Evidence suspicions. An experienced Hillsborough Criminal Defense Attorney will know who should be contacted on your behalf, when to contact them, and how you should respond to law enforcement to not make a tough situation worse.
Other potential Charges
Depending on the facts, additional allegations could include:
- Obstruction of Justice
- Tampering with Evidence
- Unauthorized Use of a Vehicle
- Even allegations related to drug charges or prior probation terms
The location of your damaged vehicle, timing of contact, and even social media posts could influence how law enforcement builds their case.
Whether you left the scene because you were afraid, didn’t realize there was damage, or borrowed someone else’s car, you still have rights. At Taracks & Associates, our attorneys have decades of experience navigating hit-and-run investigations and defending clients across Florida.
Call (813) 281-2897 now to speak with a proven Tampa criminal defense attorney. Let us help you resolve this before it becomes worse.