If you were caught leaving the scene of an accident, also known as a hit and run, then you could be facing serious consequences for your actions. However, the severity of the consequences will depend on whether there was property damage, bodily injury, or death involved in the case.
Hit and run accidents have increased by up to 32 percent since 2004, according to a report by the Orlando Sentinel in 2014. There were 15,560 cases of drivers leaving the scene of an accident recorded by the Florida Department of Highway Safety and Motor Vehicles (FHSMV) in the year 2013. Hit and run accidents are serious cases that require the skills of a criminal defense attorney.
At The Law Place, we have over seventy-five years of collective experience in handling a variety of road accident cases in Punta Gorda and across the State of Florida. Our practice areas cover driving under the influence (DUI), reckless driving, hit and run accidents, and much more. Our team of criminal defense lawyers has the necessary knowledge and skills to investigate your case and ensure that you have not been wrongfully charged in Punta Gorda.
Contact The Law Place now on (941) 444-4444 to schedule a free consultation, and a criminal defense attorney will fight against your hit and run accident charges in Punta Gorda. Phone lines are open 24/7.
What Does Leaving the Scene of an Accident Mean in Punta Gorda, FL?
Florida Statute 316.061 and Florida Statute 316.027 explain the definition of leaving the scene of an accident, and a driver will be charged with a hit and run if they caused:
- Damage to someone else’s vehicle or personal property.
- Death or personal injuries.
- Wilfully leaving the scene without providing the necessary identifying information as required by law. Identifying information includes giving your name, phone number, address, insurance information, and vehicle registration number.
The crime of a hit and run accident requires the driver to know that they were involved in a car crash and acknowledge that property damage or personal injuries occurred in the collision.
For a free legal consultation with a leaving the scene of an accidents lawyer serving Punta Gorda, call 941-444-4444
Statutory Duties in Punta Gorda, FL.
Every driver has to meet certain obligations before it is safe for them to leave the scene of an accident under Florida law. This is also known as a driver’s statutory duty.
Florida Statute 316.061 and Florida Statute 316.063 declares that a driver must fulfill these statutory duties if they are in a car accident involving property damage:
- Stop their motor vehicle as close as possible to the scene of the car accident.
- Give their name, phone number, address, and vehicle registration number to the owner of the vehicle or property that was damaged.
- Show their driver’s license upon request of the other party.
- Display their driver’s license, phone number, address, and vehicle registration number to the police officers at the scene of the car accident.
- If the owner was not present at the car accident, then the driver will have to find the owner of the property to notify them of the crash. If they cannot find the owner, then they will have to write a note that includes their name, phone number, address, and vehicle registration number and leave it in a place for it to easily be seen by them.
- The driver has to inform the police department of the car accident as soon as possible.
Florida Statute 316.062 and Florida Statute 316.027 declares that a driver must fulfill these statutory duties if they are in a car accident involving bodily injury or death:
- Stop their motor vehicle as close as possible to the scene of the car accident.
- Give their name, phone number, address, and vehicle registration number to the owner of the vehicle or property that was damaged.
- Show their driver’s license upon request of the other party.
- Display their driver’s license, phone number, address, and vehicle registration number to the police officers at the scene of the car accident.
- If the other person was injured, then the driver has to offer ‘reasonable assistance,’ which can include taking the person to the hospital or requesting an ambulance for them.
- If the other driver is not in the right mental state to receive the identifying information, then the driver will have to report the car accident to the police department as soon as possible.
Punta Gorda Leaving the Scene of an Accident Lawyer Near Me 941-444-4444
What Are the Penalties for Leaving the Scene of an Accident in Punta Gorda, FL?
It is a serious crime to leave the scene of an accident in the State of Florida. You could be facing hefty fines, jail time, and the court might even decide to suspend your driver’s license. The type of penalties that you could receive will depend on the following factors:
- The accident caused damage to unattended property.
- The accident caused damage to attended property.
- The accident caused a personal injury to another person.
- The accident caused or contributed to the death of another person.
If you were found to be under the influence of alcohol or drugs at the time that the accident occurred, then you might also face a mandatory sentence on top of other penalties in Punta Gorda.
- Leaving the scene of the accident after hitting unattended property – If you hit a parked vehicle that caused more than $50 worth of damage and leave the scene, then you could be charged with a second-degree misdemeanor. The penalties include paying a fine of up to $500, 6 months of probation, and spending up to 60 days in jail.
- Leaving the scene of the accident after hitting attended property – If you hit a vehicle with a driver or passenger inside and leave the scene before exchanging the identifying information as required by law, then you could be charged with a second-degree misdemeanor. The penalties include paying a fine of up to $500, 6 months of probation, and spending up to 60 days in jail.
- Leaving the scene of an accident involving personal injury – If you caused a personal injury to someone and left the scene, then you could be charged with a third-degree felony. The penalties include paying a fine of up to $5,000, 5 years of probation, and spending up to 5 years in prison.
- Leaving the scene of an accident involving death – If you killed someone and left the scene, then you could be charged with a first-degree felony. The penalties include paying a fine of up to $10,000 and spending up to 30 years in prison.
- Leaving the scene of an accident while under the influence – If you caused a personal injury or killed someone while driving under the influence of alcohol or drugs and left the scene, then you could be subject to a mandatory minimum two-year sentence in prison on top of all the other penalties you will receive.
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How Will the Prosecution Prove That I Left the Scene of an Accident in Punta Gorda, FL?
The prosecution has a responsibility to prove the following before you can be convicted of leaving the scene of an accident:
- You were the one driving the vehicle that was involved in the accident, which resulted in property damage, personal injury, or the death of another person.
- You were aware or should have known that you were in an accident.
- You wilfully chose to leave the scene without proving the identifying information to the other driver or police as required by law.
- You did not offer ‘reasonable assistance’ to the injured person involved in the accident.
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How Will a Criminal Defense Attorney Defend My Case in Punta Gorda, FL?
Our law firm has managed hundreds of hit-and-run cases like yours, and we have built many defense strategies that have proved to be successful in the court of law in Punta Gorda. Here are some of the most common defense methods that we use to contest a charge of leaving the scene of an accident:
- The identity of the driver who caused the accident is unconfirmed.
- You lacked knowledge that an accident happened.
- You lacked knowledge that property damage, personal injury, or death occurred.
- You failed to stop at the scene due to an emergency situation.
- You tried to stop as close as possible to the location of the accident.
- The other driver did not want to receive your identifying information.
- The other driver grew angry and forced you to leave the scene to find the police.
- You offered ‘reasonable assistance’ to the injured person.
A criminal defense attorney from The Law Place will work tirelessly to stop your case from resulting in a conviction. In a misdemeanor case, they might be able to make early contact with the prosecutor to try and negotiate a fair resolution to your case that will avoid jail time, probation, and a permanent criminal record in Punta Gorda.
Can I Be Charged if I Witnessed an Accident and Left the Scene in Punta Gorda, FL?
If you saw someone hit another person’s vehicle and leave the scene without fulfilling their statutory duties, then you do not need to panic. You are not legally required to stay the scene if you have other commitments, but if you have time to spare, then it is the right thing to do.
If the other driver injured another person and willfully left the scene, then you might also have to call 911 so that they can receive medical treatment. In addition, you might be asked to testify in court to support the car accident victim and help to achieve justice for their case. However, no one expects you to change your entire schedule to stick around for an accident that you were not involved in, but your support might be able to save someone else’s life following a hit-and-run accident.
Contact The Law Place Today in Punta Gorda, FL.
If you left the scene of an accident without completing your statutory duties, then you should seek legal advice from a reputable law firm in Punta Gorda. Hiring a criminal defense lawyer will give you the greatest chance of achieving a reasonable outcome for your case.
The Law Place has over seventy-five years of combined experience and knowledge when it comes to defending the legal rights of people who have been involved in car accidents in Punta Gorda and throughout the State of Florida. Our law firm has a reputation for providing relentless representation and achieving success for clients who have been caught in compromising situations.
It is possible that you might have been wrongfully charged for your case, and we will work hard to get your charges and consequences reduced. Call our office to set up a free consultation today, in which a criminal defense lawyer will talk you through the process and help you to understand the best move to make following your hit-and-run charges.
Contact The Law Place now on (941) 444-4444 to schedule a free consultation, and a criminal defense attorney will fight against your hit and run accident charges in Punta Gorda. Phone lines are open 24/7.
Call or text 941-444-4444 or complete a Free Case Evaluation form