Criminal Defense Attorney in Miami Dade Why You Should not Leave the Scene of an Accident

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23rd Jul 2019

Florida law defines leaving the scene of an accident as failing to remain at the site of a vehicle collision when the collision involves property damage, bodily injury or death. A criminal defense attorney in Miami Dade can explain the legal requirements of what you must do if involved in a motor vehicle accident in Florida. Additionally, a criminal defense attorney in Miami Dade can help you lodge your defense.

Legal Requirements at an Accident Scene 

If you are involved in an accident, Florida law requires that you immediately stop at the scene of the accident and remain near this location. You must check others for injury and render reasonable assistance to anyone who was injured. If there is an injury, you must also notify law enforcement. You must exchange information with the other driver, along with identifying information, your driver’s license number and insurance information.

Elements of Leaving the Scene of an Accident 

In order to be convicted of leaving the scene of an accident, the prosecutor must prove the following elements:

  • You were driving a vehicle involved in a collision that resulted in injury, death or property damage
  • You were aware you were involved in the collision
  • You willfully decided to leave the scene before reporting the accident or providing identifying information or you failed to render reasonable aid to another person involved in the accident

Penalties for Hit and Run 

If you are charged with hit and run, you can face serious criminal consequences. If someone died in the accident, you could face a first degree felony, which carries a maximum punishment of 30 years’ imprisonment and a fine of $100,000.  If someone was injured in the accident but no one died, you can be charged with a third degree felony which carries a sentence up to five years’ imprisonment and a fine up to $5,000. If the accident only involved property damage, you can face up to 60 days in jail and a fine up to $500.