A person driving a motor vehicle who leaves the scene of an accident can be charged with either a misdemeanor or a felony depending on whether the person in the other car was seriously injured or died. The punishment for leaving the scene of an accident ranges from misdemeanor probation with fines to a first-degree felony punishable by up to 30 years in state prison.
If you have been charged with misdemeanor or felony leaving the scene of an accident, immediately contact former prosecutor Justin Caldarone of The Caldarone Law Group today for a free consultation to protect your liberty and good name!
Leaving the Scene of an Accident Involving Death or Injury
To prove the crime of Leaving the Scene of an Accident, the State Attorney must prove the following four elements beyond a reasonable doubt:
- The person charged was the driver of a vehicle involved in an accident resulting in [injury to] [death of] any person.
- The person charged knew or should have known that he or she was involved in an accident.
- The person charged knew or should have known of the [injury to] [death of] the person
The person charged willfully failed to render "reasonable assistance" to the injured person if such treatment appeared to be necessary or was requested by the injured person.
If the State Attorney proves that the person charged willfully failed to give any part of the "identifying information" or willfully failed to give reasonable assistance, the State Attorney satisfies this element of the offense.
"Identifying information" means name, address, vehicle registration number, and, if available, and requested, the exhibition of the person charged license or permit to drive.
"Reasonable assistance" includes carrying or making arrangements to carry the injured person to a physician or hospital for medical treatment.
"Willfully" means intentionally and purposely.
Fla. Stat. § 316.027(1)
