(561)988-8000 As our criminal defense lawyers know, leaving the scene of an accident, also known as “hit-and-run,” is a serious criminal traffic violation. Under Florida state law, if you are involved in an accident, you must provide your name, address, driver’s license, and car registration information to the other party. You also must stop if there is any property damage; you have an obligation to check and see if there is any damage to any property involved in the crash (including your own). If the accident resulted in injury or death to another person, you have an additional duty to provide reasonable assistance to the victim by arranging for medical care. If you fail to do these things, as required by Florida law, you may be charged with leaving the scene of an accident.
We know that being involved in a traffic accident can be very scary; with all of the adrenaline rushing through your body, you might be tempted to leave the scene. As our Florida hit and run lawyers know, while that might seem like a decent idea, it is a bad idea with long-lasting consequences.
Potential Penalties for Hitting and Running
Hit and run charges are serious and they include heavy fines, probation, suspension of driver’s license, and they can even include imprisonment making it imperative that a Florida hit and run lawyer is contacted. Therefore, if you are convicted of leaving the scene of an accident, your insurance premiums will almost certainly increase by a significant amount, placing a serious financial burden on you.
Charges for a hit and run in Florida could result in a misdemeanor or a felony (depending on the circumstances of the accident). Leaving the scene of an accident after only causing property damage is considered a second-degree misdemeanor and is punishable by up to 60 days in county jail and/or a fine of $500. Leaving the scene of an accident after causing injury is a third-degree felony and is punishable by up to 5 years in prison and/or a $5,000 in fines. Lastly, leaving the scene of an accident after causing death is a first-degree felony and comes with a maximum sentence of up to 30 years in prison and/or a $10,000 fine.
Mitigating Penalties Following a Hit and Run Charge
Not every leaving-the-scene case is identical. The circumstances surrounding the accident, the extent of any injuries, the Defendant’s criminal history, and the evidence available to the State can all influence how a case proceeds. While Florida law imposes significant penalties for hit and run offenses, there are often factual and legal issues that must be carefully evaluated before determining the likely outcome of a case.
In some situations, the central issue is identity. Law Enforcement Officers may believe they have identified the driver involved in the accident, but questions can arise regarding who was actually operating the vehicle at the time of the incident. In other cases, the dispute may focus on whether the Defendant knew an accident had occurred or whether the Defendant was aware that property damage or injuries resulted from the collision. These details can become important when evaluating the strength of the State’s case.
Mitigating factors may also play a role during the resolution of a case. A lack of prior criminal history, cooperation after the incident, voluntary efforts to address property damage, or other favorable circumstances may be considered during negotiations or sentencing proceedings. Although every case is different, presenting a complete picture of the Defendant and the surrounding circumstances may help achieve a more favorable result than would otherwise be possible.
Because hit and run allegations frequently involve accident reports, witness statements, surveillance footage, vehicle inspections, and other forms of evidence, a thorough review of the facts is essential. At Leifert & Leifert, one of our hit and run Lawyers in Florida can analyze the evidence, identify weaknesses in the State’s allegations, and work toward the best result possible for you.
When Should You Contact an Attorney?
Many people wait until formal charges are filed before speaking with an Attorney. In leaving-the-scene cases, important events often occur long before a Court date is scheduled. Law Enforcement Officers may contact a person for questioning, request a statement, review vehicle damage, or attempt to gather additional evidence during the early stages of an investigation.
What a person says during those initial interactions can have a significant impact on the case. Individuals frequently believe they can explain the situation and avoid criminal charges, only to discover later that their statements are being used as evidence by the State. Speaking with an Attorney before providing detailed information to investigators can help protect your interests and prevent misunderstandings from creating additional legal issues.
Prompt legal representation may also help preserve evidence that could be beneficial to the defense. Surveillance recordings are sometimes overwritten, witnesses become difficult to locate, and physical evidence may change over time. The earlier a case is reviewed, the greater the opportunity to identify and preserve information that may support the Defendant’s position.
A hit and run allegation can affect far more than a driver’s license. Depending on the facts of the case, a conviction may create employment concerns, professional licensing issues, increased insurance costs, and other long-term consequences. For that reason, it is generally advisable to seek legal guidance as soon as you become aware that you are under investigation or have been accused of leaving the scene of an accident.
Leifert & Leifert offers a free initial consultation and case review for individuals facing hit and run allegations. One of our Lawyers in Florida can evaluate the circumstances of your hit and run case, explain the potential consequences, and can fight on your behalf from the earliest stages of the investigation.
Contacting a Hit and Run Attorney in Florida
The consequences of being convicted of a hit and run or leaving the scene are quite serious, as our hit and run lawyers in Florida know. If you have been charged with leaving the scene of an accident, it is crucial to find a qualified and experienced criminal defense attorney to represent you. An attorney can help you present your side of the story without making statements to police that will incriminate you down the line. Also, an attorney can find ways to achieve dismissal of your charges or find alternative resolutions such as records expungement or sealing.
If you were recently accused of leaving the scene of an accident, or any another criminal traffic offense, please contact a Florida hit and run lawyer at the Law Offices of Leifert & Leifert as soon as possible. With the help of an attorney, you may be able to get your charges dismissed or your sentence reduced. Our attorneys are former prosecutors in Broward County and are experienced in handling hit and run cases. At Leifert & Leifert, we provide aggressive and skilled legal representation, both in and out of the courtroom.
