| Florida Leaving the Scene of an Accident Crimes |
WILSON
LAW FIRM, P.L.
Attorney at Law
LAW FIRM, P.L.
Attorney at Law
W
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general information. The facts of your case are unique, and you should consult an attorney for advice regarding your individual situation. Contact the Wilson Law
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Orlando Criminal Lawyer - Leaving the Scene of an Accident:
If you are involved in a crash resulting in damage to a vehicle or property or
causes injury, you must stop and remain at the scene until you have complied
with the requirements of Florida law. Leaving the scene of an accident is a
criminal offense that carries significant penalties upon conviction. If you have
been arrested for leaving the scene of an accident, you should speak with an
experienced criminal defense attorney at your earliest opportunity to learn
about your rights and the defenses that may be available to you..
In many criminal cases, a properly prepared defense will result in either
reduced penalties, reduced charges, or a dismissal of the charges. Even
in criminal cases where the evidence of guilt is overwhelming, a properly
prepared defense and presentation of mitigating circumstances can result
in significant decreases in penalties you receive.
If you or a loved one has been arrested, Call the Wilson Law Firm Today at (407) 648-5255 to speak with an
experienced Orlando criminal defense attorney about your situation or to schedule a Free Initial Consultation
The following section of this page provides some information regarding Leaving the Scene of an Accident:
Leaving the Scene of an Accident - Essentially, the driver of any vehicle involved in a crash must
immediately stop their vehicle at the scene of such crash or as close thereto as possible and remain at, the scene of
the crash until he or she has fulfilled the requirements of Florida Statute 316.062. The penalties for this crime vary
depending on the circumstances involved with the accident.
1) If the accident results only in damage to a vehicle or other property it is second degree misdemeanor punishable
by up to 60 days in the county jail.
2) If the accident results in injury of any person it is a felony of the third degree punishable by up to 5 years in State
Prison.
3) If the accident results in the death of any person it is a felony of the first degree punishable by up to 30 years in
State Prison.
For more information please review the following Florida Statutes:
Florida Statute 316.061 - Crashes involving damage to vehicle or property.
(1) The driver of any vehicle involved in a crash resulting only in damage to a vehicle or other property which is
driven or attended by any person shall immediately stop such vehicle at the scene of such crash or as close thereto
as possible, and shall forthwith return to, and in every event shall remain at, the scene of the crash until he or she
has fulfilled the requirements of s. 316.062. A person who violates this subsection commits a misdemeanor of the
second degree, punishable as provided in s. 775.082 or s. 775.083. Notwithstanding any other provision of this
section, $5 shall be added to a fine imposed pursuant to this section, which $5 shall be deposited in the Emergency
Medical Services Trust Fund.
(2) Every stop must be made without obstructing traffic more than is necessary, and, if a damaged vehicle is
obstructing traffic, the driver of such vehicle must make every reasonable effort to move the vehicle or have it moved
so as not to block the regular flow of traffic. Any person failing to comply with this subsection shall be cited for a
nonmoving violation, punishable as provided in chapter 318.
(3) Employees or authorized agents of the Department of Transportation, law enforcement with proper jurisdiction,
or an expressway authority created pursuant to chapter 348, in the exercise, management, control, and maintenance
of its highway system, may undertake the removal from the main traveled way of roads on its highway system of all
vehicles incapacitated as a result of a motor vehicle crash and of debris caused thereby. Such removal is applicable
when such a motor vehicle crash results only in damage to a vehicle or other property, and when such removal can
be accomplished safely and will result in the improved safety or convenience of travel upon the road. The driver or any
other person who has removed a motor vehicle from the main traveled way of the road as provided in this section
shall not be considered liable or at fault regarding the cause of the accident solely by reason of moving the vehicle.
Florida Statute 316.027 - Crash involving death or personal injuries.
(1)(a) The driver of any vehicle involved in a crash occurring on public or private property that results in injury of any
person must immediately stop the vehicle at the scene of the crash, or as close thereto as possible, and must
remain at the scene of the crash until he or she has fulfilled the requirements of s. 316.062. Any person who willfully
violates this paragraph commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s.
775.084.
(b) The driver of any vehicle involved in a crash occurring on public or private property that results in the death of any
person must immediately stop the vehicle at the scene of the crash, or as close thereto as possible, and must
remain at the scene of the crash until he or she has fulfilled the requirements of s. 316.062. Any person who willfully
violates this paragraph commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s.
775.084. Any person who willfully violates this paragraph while driving under the influence as set forth in s. 316.193
(1) shall be sentenced to a mandatory minimum term of imprisonment of 2 years.
(c) Notwithstanding s. 775.089(1)(a), if the driver of a vehicle violates paragraph (a) or paragraph (b), the court shall
order the driver to make restitution to the victim for any damage or loss unless the court finds clear and compelling
reasons not to order the restitution. Restitution may be monetary or nonmonetary restitution. The court shall make the
payment of restitution a condition of probation in accordance with s. 948.03. An order requiring the defendant to make
restitution to a victim does not remove or diminish the requirement that the court order payment to the Crimes
Compensation Trust Fund under chapter 960. Payment of an award by the Crimes Compensation Trust Fund
creates an order of restitution to the Crimes Compensation Trust Fund unless specifically waived in accordance with
s. 775.089(1)(b).
(2) The department shall revoke the driver’s license of the person so convicted.
(3) Every stop must be made without obstructing traffic more than is necessary, and, if a damaged vehicle is
obstructing traffic, the driver of the vehicle must make every reasonable effort to move the vehicle or have it moved so
as not to obstruct the regular flow of traffic. Any person who fails to comply with this subsection shall be cited for a
nonmoving violation, punishable as provided in chapter 318.
(4) A person whose commission of a noncriminal traffic infraction or any violation of this chapter or s. 1006.66
causes or results in the death of another person may, in addition to any other civil, criminal, or administrative penalty
imposed, be required by the court to serve 120 community service hours in a trauma center or hospital that regularly
receives victims of vehicle accidents, under the supervision of a registered nurse, an emergency room physician, or
an emergency medical technician pursuant to a voluntary community service program operated by the trauma center
or hospital.
(5) This section does not apply to crashes occurring during a motorsports event, as defined in s. 549.10(1), or at a
closed-course motorsport facility, as defined in s. 549.09(1).
Florida Statute 316.062 - Duty to give information and render aid.
(1) The driver of any vehicle involved in a crash resulting in injury to or death of any person or damage to any vehicle
or other property which is driven or attended by any person shall give his or her name, address, and the registration
number of the vehicle he or she is driving, and shall upon request and if available exhibit his or her license or permit
to drive, to any person injured in such crash or to the driver or occupant of or person attending any vehicle or other
property damaged in the crash and shall give such information and, upon request, exhibit such license or permit to
any police officer at the scene of the crash or who is investigating the crash and shall render to any person injured in
the crash reasonable assistance, including the carrying, or the making of arrangements for the carrying, of such
person to a physician, surgeon, or hospital for medical or surgical treatment if it is apparent that treatment is
necessary, or if such carrying is requested by the injured person.
(2) In the event none of the persons specified are in condition to receive the information to which they otherwise
would be entitled under subsection (1), and no police officer is present, the driver of any vehicle involved in such
crash, after fulfilling all other requirements of s. 316.027 and subsection (1), insofar as possible on his or her part to
be performed, shall forthwith report the crash to the nearest office of a duly authorized police authority and submit
thereto the information specified in subsection (1).
(3) The statutory duty of a person to make a report or give information to a law enforcement officer making a written
report relating to a crash shall not be construed as extending to information which would violate the privilege of such
person against self-incrimination.
(4) A violation of this section is a noncriminal traffic infraction, punishable as a nonmoving violation as provided in
chapter 318.
________________________________________________
For Information on some of the Penalties, Fines and Points for Civil Traffic Infractions click on the following links:
Florida Statute 318.14 - Noncriminal traffic infractions; exception; procedures.
Florida Statute 318.143 - Sanctions for infractions by minors.
Florida Statute 318.15 -Failure to comply with civil penalty or to appear; penalty.
Florida Statute 318.18 - Amount of penalties (Fines assigned for Specific Traffic Infractions).
Florida Statute 322.27 - Authority of department to suspend or revoke license. (Points assigned for Specific
Traffic Crimes and Inffractions)
For more information, Call the Wilson Law Firm Today at (407) 648-5255 to speak with an experienced Orlando
criminal defense attorney about your situation or to schedule a Free Initial Consultation. The Wilson Law Firm
represents individuals in criminal defense and DUI cases in the Central Florida area, including the cities of
Altamonte Springs, Apopka, Casselberry, Clermont, Kissimmee, Lake Mary, Longwood, Maitland, Mount Dora,
Ocoee, Orlando, Oviedo, Saint Cloud, Sanford, Wintermere, Winter Garden, Winter Park and Winter Springs, as well
as Lake County, Orange County, Osceola County, and Seminole County, Florida.
If you are involved in a crash resulting in damage to a vehicle or property or
causes injury, you must stop and remain at the scene until you have complied
with the requirements of Florida law. Leaving the scene of an accident is a
criminal offense that carries significant penalties upon conviction. If you have
been arrested for leaving the scene of an accident, you should speak with an
experienced criminal defense attorney at your earliest opportunity to learn
about your rights and the defenses that may be available to you..
In many criminal cases, a properly prepared defense will result in either
reduced penalties, reduced charges, or a dismissal of the charges. Even
in criminal cases where the evidence of guilt is overwhelming, a properly
prepared defense and presentation of mitigating circumstances can result
in significant decreases in penalties you receive.
If you or a loved one has been arrested, Call the Wilson Law Firm Today at (407) 648-5255 to speak with an
experienced Orlando criminal defense attorney about your situation or to schedule a Free Initial Consultation
The following section of this page provides some information regarding Leaving the Scene of an Accident:
Leaving the Scene of an Accident - Essentially, the driver of any vehicle involved in a crash must
immediately stop their vehicle at the scene of such crash or as close thereto as possible and remain at, the scene of
the crash until he or she has fulfilled the requirements of Florida Statute 316.062. The penalties for this crime vary
depending on the circumstances involved with the accident.
1) If the accident results only in damage to a vehicle or other property it is second degree misdemeanor punishable
by up to 60 days in the county jail.
2) If the accident results in injury of any person it is a felony of the third degree punishable by up to 5 years in State
Prison.
3) If the accident results in the death of any person it is a felony of the first degree punishable by up to 30 years in
State Prison.
For more information please review the following Florida Statutes:
Florida Statute 316.061 - Crashes involving damage to vehicle or property.
(1) The driver of any vehicle involved in a crash resulting only in damage to a vehicle or other property which is
driven or attended by any person shall immediately stop such vehicle at the scene of such crash or as close thereto
as possible, and shall forthwith return to, and in every event shall remain at, the scene of the crash until he or she
has fulfilled the requirements of s. 316.062. A person who violates this subsection commits a misdemeanor of the
second degree, punishable as provided in s. 775.082 or s. 775.083. Notwithstanding any other provision of this
section, $5 shall be added to a fine imposed pursuant to this section, which $5 shall be deposited in the Emergency
Medical Services Trust Fund.
(2) Every stop must be made without obstructing traffic more than is necessary, and, if a damaged vehicle is
obstructing traffic, the driver of such vehicle must make every reasonable effort to move the vehicle or have it moved
so as not to block the regular flow of traffic. Any person failing to comply with this subsection shall be cited for a
nonmoving violation, punishable as provided in chapter 318.
(3) Employees or authorized agents of the Department of Transportation, law enforcement with proper jurisdiction,
or an expressway authority created pursuant to chapter 348, in the exercise, management, control, and maintenance
of its highway system, may undertake the removal from the main traveled way of roads on its highway system of all
vehicles incapacitated as a result of a motor vehicle crash and of debris caused thereby. Such removal is applicable
when such a motor vehicle crash results only in damage to a vehicle or other property, and when such removal can
be accomplished safely and will result in the improved safety or convenience of travel upon the road. The driver or any
other person who has removed a motor vehicle from the main traveled way of the road as provided in this section
shall not be considered liable or at fault regarding the cause of the accident solely by reason of moving the vehicle.
Florida Statute 316.027 - Crash involving death or personal injuries.
(1)(a) The driver of any vehicle involved in a crash occurring on public or private property that results in injury of any
person must immediately stop the vehicle at the scene of the crash, or as close thereto as possible, and must
remain at the scene of the crash until he or she has fulfilled the requirements of s. 316.062. Any person who willfully
violates this paragraph commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s.
775.084.
(b) The driver of any vehicle involved in a crash occurring on public or private property that results in the death of any
person must immediately stop the vehicle at the scene of the crash, or as close thereto as possible, and must
remain at the scene of the crash until he or she has fulfilled the requirements of s. 316.062. Any person who willfully
violates this paragraph commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s.
775.084. Any person who willfully violates this paragraph while driving under the influence as set forth in s. 316.193
(1) shall be sentenced to a mandatory minimum term of imprisonment of 2 years.
(c) Notwithstanding s. 775.089(1)(a), if the driver of a vehicle violates paragraph (a) or paragraph (b), the court shall
order the driver to make restitution to the victim for any damage or loss unless the court finds clear and compelling
reasons not to order the restitution. Restitution may be monetary or nonmonetary restitution. The court shall make the
payment of restitution a condition of probation in accordance with s. 948.03. An order requiring the defendant to make
restitution to a victim does not remove or diminish the requirement that the court order payment to the Crimes
Compensation Trust Fund under chapter 960. Payment of an award by the Crimes Compensation Trust Fund
creates an order of restitution to the Crimes Compensation Trust Fund unless specifically waived in accordance with
s. 775.089(1)(b).
(2) The department shall revoke the driver’s license of the person so convicted.
(3) Every stop must be made without obstructing traffic more than is necessary, and, if a damaged vehicle is
obstructing traffic, the driver of the vehicle must make every reasonable effort to move the vehicle or have it moved so
as not to obstruct the regular flow of traffic. Any person who fails to comply with this subsection shall be cited for a
nonmoving violation, punishable as provided in chapter 318.
(4) A person whose commission of a noncriminal traffic infraction or any violation of this chapter or s. 1006.66
causes or results in the death of another person may, in addition to any other civil, criminal, or administrative penalty
imposed, be required by the court to serve 120 community service hours in a trauma center or hospital that regularly
receives victims of vehicle accidents, under the supervision of a registered nurse, an emergency room physician, or
an emergency medical technician pursuant to a voluntary community service program operated by the trauma center
or hospital.
(5) This section does not apply to crashes occurring during a motorsports event, as defined in s. 549.10(1), or at a
closed-course motorsport facility, as defined in s. 549.09(1).
Florida Statute 316.062 - Duty to give information and render aid.
(1) The driver of any vehicle involved in a crash resulting in injury to or death of any person or damage to any vehicle
or other property which is driven or attended by any person shall give his or her name, address, and the registration
number of the vehicle he or she is driving, and shall upon request and if available exhibit his or her license or permit
to drive, to any person injured in such crash or to the driver or occupant of or person attending any vehicle or other
property damaged in the crash and shall give such information and, upon request, exhibit such license or permit to
any police officer at the scene of the crash or who is investigating the crash and shall render to any person injured in
the crash reasonable assistance, including the carrying, or the making of arrangements for the carrying, of such
person to a physician, surgeon, or hospital for medical or surgical treatment if it is apparent that treatment is
necessary, or if such carrying is requested by the injured person.
(2) In the event none of the persons specified are in condition to receive the information to which they otherwise
would be entitled under subsection (1), and no police officer is present, the driver of any vehicle involved in such
crash, after fulfilling all other requirements of s. 316.027 and subsection (1), insofar as possible on his or her part to
be performed, shall forthwith report the crash to the nearest office of a duly authorized police authority and submit
thereto the information specified in subsection (1).
(3) The statutory duty of a person to make a report or give information to a law enforcement officer making a written
report relating to a crash shall not be construed as extending to information which would violate the privilege of such
person against self-incrimination.
(4) A violation of this section is a noncriminal traffic infraction, punishable as a nonmoving violation as provided in
chapter 318.
________________________________________________
For Information on some of the Penalties, Fines and Points for Civil Traffic Infractions click on the following links:
Florida Statute 318.14 - Noncriminal traffic infractions; exception; procedures.
Florida Statute 318.143 - Sanctions for infractions by minors.
Florida Statute 318.15 -Failure to comply with civil penalty or to appear; penalty.
Florida Statute 318.18 - Amount of penalties (Fines assigned for Specific Traffic Infractions).
Florida Statute 322.27 - Authority of department to suspend or revoke license. (Points assigned for Specific
Traffic Crimes and Inffractions)
For more information, Call the Wilson Law Firm Today at (407) 648-5255 to speak with an experienced Orlando
criminal defense attorney about your situation or to schedule a Free Initial Consultation. The Wilson Law Firm
represents individuals in criminal defense and DUI cases in the Central Florida area, including the cities of
Altamonte Springs, Apopka, Casselberry, Clermont, Kissimmee, Lake Mary, Longwood, Maitland, Mount Dora,
Ocoee, Orlando, Oviedo, Saint Cloud, Sanford, Wintermere, Winter Garden, Winter Park and Winter Springs, as well
as Lake County, Orange County, Osceola County, and Seminole County, Florida.
|
Orange County Florida Criminal Lawyer & Orlando DUI Attorney
| Call Today: (407) 648-5255 |
Orange County Florida Criminal Lawyer & Orlando DUI Attorney -
| Call Today: (407) 648-5255 |
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