Understanding and Fighting a Hit-and-Run Charge in Florida

Getting involved in a car accident is stressful enough. When you leave the scene of that accident, you move from dealing with a traffic matter to facing a serious criminal charge: hit-and-run. In Florida, this is not just a simple traffic ticket. Law enforcement and prosecutors pursue these cases aggressively because the state takes the duty to stop and render aid very seriously.

If you are currently facing accusations of leaving the scene of an accident, you need to understand the potential penalties and the powerful defense strategies available under Florida law. The stakes are too high to navigate this on your own. At The Defense Group, we use our 100+ years of combined experience to challenge the prosecution’s case and protect your future.

What Does Florida Law Say About Leaving the Scene?

Florida Statutes outline the specific duties of drivers involved in a crash. Failing to meet these duties is what leads to a hit-and-run charge. The severity of the charge depends entirely on the outcome of the accident—specifically, whether it resulted in property damage, injury, or death.

The primary statutes that govern these offenses are:

• Florida Statute §316.061 (Crash Involving Damage to Vehicle or Property): This covers situations where the crash caused damage only to another car or property. It is a second-degree misdemeanor.
• Florida Statute §316.027 (Crash Involving Injury or Death): This is the most serious level. Leaving the scene of an accident that caused injury is a third-degree felony, which carries up to five years in prison. Leaving the scene of an accident that resulted in death is a first-degree felony, which carries a minimum mandatory sentence of four years in prison.

The Required Duty to Stop

Florida law requires any driver involved in a crash to immediately stop the vehicle at the scene. You must also:

1. Provide your name, address, and vehicle registration number.
2. Show your driver’s license or permit upon request.
3. Render reasonable assistance to any injured person.

If an alleged victim or witness claims you failed to complete these three steps, the police can pursue a hit-and-run charge.

Common Defenses Against a Hit-and-Run Allegation

The key to a successful defense lies in challenging the prosecution’s ability to prove every element of the crime beyond a reasonable doubt. We approach every case by meticulously reviewing the evidence to identify flaws and raise strong counterarguments.

Did You Know You Were Involved in a Crash?

For a criminal conviction, the state must prove you knew or should have known that you were involved in an accident. This “knowledge” element is often the weakest point in a prosecutor’s case.

• In cases involving minor property damage or a low-speed fender-bender, the driver might genuinely not realize an impact occurred.
• If you were driving a large truck or commercial vehicle, a small bump can be unnoticeable from the cab.

We work to establish that the force of the collision was so minor that a reasonable person could not have detected it. Without proof of knowledge, the case against you should fail.

Proving Your Identity

The police need to prove you were the actual driver of the vehicle at the time of the crash. They may rely on weak evidence, such as a partial eyewitness description or simply locating the registered owner of the car.

If the identification is based solely on a poor-quality traffic camera photo, a vague description from a hurried witness, or the fact that the car is registered to you, we can often challenge this evidence successfully. We may use alibi witnesses, phone records, or other evidence to demonstrate you were not behind the wheel.

Was the Stop Unsafe or Unreasonable?

While the law requires you to stop, it also states you must stop “immediately at the scene of the crash, or as close thereto as possible, and shall remain there.” There are situations where a person leaves the immediate scene but does not qualify as a hit-and-run driver.

• You may have left the immediate location to find a safe place to pull over, especially on a busy highway.
• You may have driven away to seek immediate medical attention for yourself or a passenger.
• You might have been threatened by the other driver or witnesses and left out of fear for your safety, then called the police shortly after.

These circumstances show you did not have the criminal intent to avoid your duty to stop.

The Importance of Quick, Decisive Legal Action

When police contact you about an alleged hit-and-run, everything you say can become evidence. If you give a statement without an attorney, you could unknowingly provide the state with the “knowledge” element they need to secure a conviction. Never speak to law enforcement without your attorney present.

Once retained, we can often intervene before charges are officially filed, which may include:

• Arranging a strategic surrender: We can contact law enforcement and arrange for you to turn yourself in and make a statement in a controlled, protected environment.
• Negotiating with the prosecutor: In certain cases, we may be able to present mitigating evidence to the State Attorney’s Office that convinces them to file a lesser charge or no charge at all.
• Gathering exculpatory evidence: Our investigative team gets to work immediately, collecting evidence like dashcam footage, witness statements, and accident reconstruction reports before they disappear.

We believe in taking swift, proactive steps to build a powerful defense from day one.

Secure Your Future: Contact The Defense Group Today

A conviction for leaving the scene of an accident in Florida can mean a permanent criminal record, jail or prison time, and loss of your driver’s license. When you hire The Defense Group, you benefit from a firm that brings over 100 years of combined experience to your case. Our history of handling complex criminal defense matters in Florida gives us a comprehensive understanding of the strategies that work in the courtroom and at the negotiating table.

We offer a free, confidential consultation to review the details of your hit-and-run case and explain your legal options in plain English. We stand ready to protect your liberty and your future.

Call us now at 407-743-8430 to schedule your free consultation. We are here to put our experience to work for you.