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Leaving the Scene of an Accident / Hit and Run

Brevard County, FL Leaving the Scene of an Accident Lawyer

If you have recently been arrested, or have been issued a criminal citation for leaving the scene of an accident in Brevard County, you should immediately retain experienced legal counsel at the earliest possible stage in your case. In Florida, leaving the scene of an accident, commonly known as “hit and run,” is a serious criminal offense which may be charged as either felony or misdemeanor, depending on the specific facts of the case. At The Canina Law Firm, our defense team has extensive experience representing clients accused of leaving the scene of an accident. Our attorneys fight to eliminate or mitigate the potential criminal penalties that this offense carries.

Summarized below are the legal duties of drivers involved in crashes, the definition of leaving the scene of an accident, and penalties for these offenses.

Legal Duties After a Crash

In Florida, the driver of a vehicle involved in a crash resulting in injury, death, or property damage must comply with certain duties. Under Sections 316.027, 316.061, and 316.062 of the Florida Statutes, the driver must stop their vehicle at the scene of the crash (or as close to the scene as possible) and give their name, address, and vehicle registration number to the other driver. If the crash results in either personal injury or property damage, the driver must, upon request of the other person, furnish their driver license. If the above information cannot be relayed to the other party, the driver must report the crash or accident to the nearest law enforcement agency.

If the crash results in injury, and the nature of the injuries require it, the driver must (in addition to the requirements above) also render “reasonable assistance” to the injured person. This includes carrying, or making arrangements to carry such person to a medical facility for treatment. Keep in mind that this duty only applies where it is apparent that treatment is necessary, or if carrying is requested by the injured person.

A driver of a vehicle that collides with, and damages, any unoccupied vehicle or unattended property must immediately stop and attempt to either: (1) locate and give the owner of the vehicle/property the driver’s name, address, and vehicle registration number, or (2) attach securely in a conspicuous place in or on the vehicle/property a written notice giving the driver’s name, address, and vehicle registration number. Afterwards, the driver must also contact the nearest law enforcement agency to inform them of the crash.

Definition of Leaving the Scene of an Accident

Leaving the scene of an accident is defined as a driver’s failure to comply with the statutory duties (detailed above) upon being involved in an impact with another vehicle, person, or property.

Penalties for Leaving the Scene of an Accident

Possible penalties for leaving the scene of an accident (hit and run) will depend on the nature of the harm or damage caused by the crash.

  1. If the crash involved only property damage to another vehicle/property, then the offense is classified as a second degree misdemeanor with a maximum penalty of up to 60 days in the Brevard County Jail. Fines and/or probation may also be ordered.
  2. If the crash involved personal injuries to another person, then the offense is classified as a third degree felony, which carries a maximum penalty of up to 5 years in prison, and/or a $5,000 fine.
  3. If the crash involved death to another person, then the offense is classified as a first degree felony, which carries a maximum penalty of up to 30 years in prison and/or a $10,000 fine.
  4. In all leaving the scene cases involving death or injury, the offending driver is also subject to a mandatory driver’s license revocation as determined by the court.

The Canina Law Firm | Brevard County Criminal Lawyer

If you have been arrested or believe that you might be arrested for Leaving The Scene of an Accident in Brevard County, FL, you should immediately contact an aggressive Brevard County criminal defense attorney who is experienced in handling these cases. At The Canina Law Firm, our firm sets itself apart from others in the level of personal service that we provide to our clients. Our attorneys are committed to defending our clients vigorously and to keeping our clients fully informed every step of the way. With over 30 years of combined experience defending against Leaving the Scene / Hit and Run charges in Florida, our attorneys will work hard to get you the best result possible. Contact our office today for a FREE case evaluation.

Brevard County Florida Criminal Defense Attorney

The Canina Law Firm proudly defends all residents of Brevard County and all cities and towns along Florida’s Space Coast including: Melbourne, Viera, Suntree, West Melbourne, Melbourne Village, Palm Shores, Palm Bay, Rockledge, Merritt Island, Titusville, Cape Canaveral, Cocoa, Cocoa Beach, Melbourne Beach, Indialantic, Indian Harbour Beach, Satellite Beach, Grant, Valkaria, Micco, Barefoot Bay, Scottsmoor, Mims, and Sebastian, as well as neighboring Volusia County, Seminole County, Orange County, Osceola County, and Indian River County, FL.

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1901 S. Harbor City Blvd.
Suite 804
Melbourne, Florida 32901

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