A driver who willfully decides to leave the scene of a car accident involving property damage, personal injury, or death will face serious consequences in Port Charlotte. The law will enforce hefty fines and prison time on drivers who are involved in a hit and run accidents.
Hit and run accidents are up by 32 percent since 2004, according to a report by the Orlando Sentinel in the year 2014. In addition, the Florida Department of Highway Safety and Motor Vehicles (FHSMV) stated that there were close to 15,560 cases of drivers leaving the scene of accidents involving injuries and fatalities in 2013. If you were caught leaving the scene of a Port Charlotte car accident, then you should seek legal representation from a reputable law firm that you can trust.
At The Law Place, we have over seventy-five years of collective experience when it comes to handling car accident cases for clients in Port Charlotte and all over the State of Florida. Our law firm has an in-depth understanding of criminal law, and we will help to guide you through the legal system following a Port Charlotte car accident.
If you are looking for a hit-and-run lawyer, then you have come to the right place. Our team of lawyers will provide you with the support and guidance that you need to make the right decisions in regard to your Port Charlotte car accident. Pick up your phone to call our office today, and we will explain how we can help to get your charges reduced or dropped.
Contact The Law Place on (941) 444-4444 to schedule a free consultation today, and a criminal defense attorney will fight your leaving the scene of an accident charge in Port Charlotte. Phone lines are open 24/7.
What Do the Statutes Say?
A driver must stop their motor vehicle when they hit another motor vehicle. The driver is required to remain at the location of the car accident and comply with the necessary requirements by law, even if they are not at fault for the car accident.
Statutory Requirements Following a Car Accident Involving Property Damage in Port Charlotte, FL.
Florida Statute 316.061 and Florida Statute 316.063 explain the statutory requirements that a driver must fulfill following a car accident involving only property damage:
- Stop – The driver is required to stop their motor vehicle at the location of the crash or as close as possible to it.
- Notify – The driver is required to notify the owner of the motor vehicle or other property that was damaged and give their name, address, and vehicle registration number.
- Driver’s license – The driver is required to reveal their license upon request by the other party involved.
- Police officers – The driver is required to provide their license, address, and vehicle registration number to the police officers investigating the scene of the accident.
- Unattended property – The driver is required to locate the owner of the property who was not present at the car accident and inform them of the incident. However, if they cannot find them, then they are required to write a note leaving their name, address, and vehicle registration number and leave it in a conspicuous place for the owner to see. Furthermore, the driver is also required to notify law enforcement of the crash.
Statutory Requirements Following a Car Accident Involving Bodily Injury or Death in Port Charlotte, FL.
Florida Statute 316.062 and Florida Statute 316.027 explain the statutory requirements that a driver must fulfill following a car accident involving bodily injury or death:
- Stop – The driver is required to stop their motor vehicle at the location of the crash or as close as possible to it.
- Notify – The driver is required to notify the owner of the motor vehicle or other property that was damaged and give their name, address, and vehicle registration number.
- Driver’s license – The driver is required to reveal their license upon request by the other party involved.
- Police officers – The driver is required to provide their license, address, and vehicle registration number to the police officers investigating the scene of the accident.
- Reasonable assistance – The driver is required to offer reasonable assistance if another person was injured in a car accident. This might include making arrangements for the injured person to be taken to the hospital for medical treatment.
- Report the crash – The driver is required to report the crash to law enforcement if the injured person is not able to receive the identifying information.
All of these requirements are necessary, regardless of who was at fault for the Port Charlotte car accident. It is up to the court and insurance companies to determine who was at fault for the car accident following a long and extensive investigation. That is why the law requires every driver to complete the above-listed actions.
The Severity of the Penalties for Leaving the Scene of an Accident in Port Charlotte, FL.
It is a serious crime to leave the scene of an accident in the State of Florida. The court can decide to charge you with fines, send you to jail, or even order the revocation/ suspension of your driver’s license. The severity of the penalties will ultimately depend on these factors:
- If you damaged unattended property.
- If you damaged attended property.
- If you injured another person.
- If another person was killed as a result of the car accident.
In addition, you could be charged with a mandatory sentence if you were caught driving under the influence of alcohol or drugs at the time that the crash occurred in Port Charlotte.
Penalties for Leaving the Scene of an Accident in Port Charlotte, FL.
If you were caught leaving the scene of a car accident, then you must understand the potential consequences of your actions. The penalties will depend on whether the crash involved property damage, personal injury, serious bodily injury, or death.
- Leaving the scene of a car accident involving property damage – A driver will be charged with a second-degree misdemeanor for leaving the scene of an accident involving only property damage. The penalties include paying a $500 fine, spending up to 60 days in jail, and 6 months of probation.
- Leaving the scene of a car accident involving personal injury – A driver will be charged with a third-degree felony for leaving the scene of an accident involving personal injury. The penalties include paying a $5,000 fine, spending up to 5 years in prison, and 5 years of probation.
- Leaving the scene of a car accident involving serious bodily injury – A driver will be charged with a second-degree felony for leaving the scene of an accident involving serious bodily injury. The penalties include paying a $5,000 fine and spending up to 15 years in prison.
- Leaving the scene of a car accident involving death – A driver will be charged with a first-degree felony for leaving the scene of an accident involving death. The penalties include paying a $10,000 fine and spending up to 30 years in prison (with a minimum mandatory four years in prison).
Furthermore, a hit and run accident involving injury or death will include the loss of a driver’s license for a minimum of 3 years, according to the State of Florida.
We’re Florida’s top litigation team with over 75 years of combined experience
Defenses to Leaving the Scene of an Accident in Port Charlotte, FL.
The Law Place will devise a specific defense strategy to tackle your charges of leaving the scene of an accident in Port Charlotte. Our law firm will work hard to develop a strong defense method that will reduce the charges or minimize the potential consequences for your case. A list of possible defense strategies include:
- There are disputes as to the identity of the driver who was caught leaving the scene of an accident.
- The driver was not aware that an accident occurred.
- The driver was not aware that they collided with another person or property.
- The driver’s actions were controlled by an emergency, and their failure to stop and fulfill their statutory duties was not intentional.
- The driver tried to stop as close as they could to the location of the accident.
- The other driver did not want to receive the identifying information from the driver.
- The other driver became hostile and demanded that the driver leaves to bring the police to the site.
- The driver gave ‘reasonable assistance’ within the meaning of the Florida statute.
It is not always necessary for a charge of leaving the scene of an accident to result in a conviction in Port Charlotte. If you hire a criminal defense lawyer straight away, they will be able to make early contact with the prosecutor in an attempt to agree on a lenient resolution to your case, which will avoid you going to jail and gaining a permanent criminal record.
From the initial call to updates on your case status, we are here to get you answers.
Can I Be Charged if I Witnessed an Accident and Left the Scene in Port Charlotte, FL?
If you saw a car accident happen and you decide to leave the scene, then there is no need to be concerned. You have no legal obligation to remain at the location. However, it is always good to help someone else, especially if the crash happened in a parking lot or an empty street where no one else was around. If the other driver hit the motor vehicle and fled the scene, then you might have to call 911 to summon an ambulance for the injured person to receive medical attention. In most cases, an eyewitness will also be asked to testify in court.
An eyewitness is not expected to move around their schedule to support a case that they were not involved in, but their statement might just help an injured person’s life and win them the compensation that they are owed.
Contact The Law Place Today in Port Charlotte, FL.
If you hit a person or their property, and you willfully chose to leave the scene of the accident, then you could be convicted of a hit and run in Port Charlotte. It is a very serious crime, and you must take the necessary measures to protect your legal rights under Florida law.
The Law Place has over seventy-five years of combined experience and knowledge when it comes to developing defense strategies for clients who are facing hit and run charges in Port Charlotte and across the State of Florida. Our law firm will work hard to investigate and establish your case to make sure that you have not been wrongfully charged by a police officer.
If you choose to be represented by us, then our team of criminal defense lawyers will gather facts and evidence, build a strong defense, speak to eyewitnesses, negotiate with the prosecutor, and fight to win a favorable outcome for your case in Port Charlotte. Call our office today to speak to a criminal defense attorney, and they will offer you a free piece of legal advice to help you figure out the best move to make following your criminal charges. Phone lines are open twenty four hours a day, seven days a week.
Contact The Law Place on (941) 444-4444 to schedule a free consultation today, and a criminal defense attorney will fight your leaving the scene of an accident charge in Port Charlotte.