All drivers have a legal duty to remain at the scene of the accident when they’re involved in a collision. Failing to do so, which is known as committing a hit-and-run, can have serious consequences. The penalty for leaving the scene of a crash can range from fines to jail time, along with automatic driver’s license suspension.
If you’ve been charged with a hit-and-run accident in Lake Mary, it’s essential to turn to a criminal traffic defense lawyer who can help you fight your charges. There’s too much at stake under Florida law to not put up a strong defense to clear your name.
Learn more about the penalty for leaving the scene of an accident in Lake Mary and why working with a qualified hit-and-run lawyer can make all the difference in your case.
How Florida Determines Penalties for Leaving the Scene of an Accident
Hit-and-run laws in Florida state that leaving the scene of a motor vehicle crash is a criminal offense. Under the regulations imposed by the Florida Department of Highway Safety and Motor Vehicles, motorists must remain on site to offer assistance and exchange information with the other driver. In most instances, they’ll also need to speak with law enforcement officers and provide details on how the accident occurred.
The penalty for leaving the scene of an accident in Lake Mary will depend on the type of crash it is and what damage or injuries it causes. Failing to stop after an accident in Florida that causes property damage will typically have less severe consequences than leaving the scene of an accident in which serious bodily injury occurred.
How the Severity of the Accident Affects Criminal Penalties
Can you go to jail for a hit-and-run in Florida? Florida penalties for leaving the scene of an accident are directly related to the severity of the accident, and they often include jail time.
What are the penalties for property damage hit-and-run accidents? Florida law classifies hit-and-run crashes that only result in property damage as second-degree misdemeanors. Such an offense could earn you up to 60 days in jail, a $500 fine, six months of probation, and points on your license.
Is leaving the scene of an accident a felony in Florida? It can be if there are injuries involved. The criminal penalties for hit-and-run in Florida that cause injuries not deemed “serious” are already harsh because this violation is a third-degree felony. The offense carries a prison sentence of up to five years, a mandatory three-year license revocation, and fines of up to $5,000.
Accidents that result in serious bodily injury come with even more severe penalties. The charges will be upgraded to a second-degree felony, which could mean facing up to 15 years in prison, a minimum three-year license revocation, and up to $10,000 in fines.
The most serious criminal penalties in Florida for hit-and-run accidents are reserved for accidents that result in someone else’s death.
Leaving the scene of an accident that resulted in a fatality is a first-degree felony that carries a mandatory minimum sentence of four years in prison and a maximum of 30 years, a $10,000 fine, and a multi-year or permanent license revocation.
Factors That Can Increase the Consequences of a Hit-and-Run Charge
Lake Mary hit-and-run penalties are determined based on numerous factors. The severity of the injuries is by far the most significant, but there are others that can affect the type of charges a hit-and-run driver might face.
For instance, if you were under the influence of drugs or alcohol or engaged in reckless driving when the crash occurred, you can expect the criminal charges to be more severe. The same is true if you were operating a motor vehicle without a valid license, which can trigger compounding charges.
Tampering with evidence, such as hiding, destroying, or attempting to repair a vehicle involved in a crash, could mean facing the additional charge of tampering with evidence. This is a separate felony charge.
As noted, Florida law requires you to report any accident that causes property damage, injuries, or death. Failure to do so can be seen as an attempt to evade responsibility.
Furthermore, the use of a deadly weapon (including firearms) during certain felonies could add a mandatory minimum term of 10–20 years to your sentence. That’s the case even if the firearm discharges accidentally.
Past offenses can also increase the penalties you face for leaving the scene. A violation that would generally be treated as a misdemeanor could be upgraded to a felony if you have any prior convictions.
Beyond Criminal Penalties: Other Lasting Consequences to Consider
In Florida, leaving-the-scene-of-an-accident penalties are serious, and they go beyond jail time and fines.
One of the repercussions you could face under the Florida statutes is ending up with a permanent criminal record. If this happens, any background checks you’re subjected to in the future will reveal the charges, which could make it much more difficult to find a job or secure housing.
If you have a job that involves driving, you’ll likely be fired. Employers in transport-related industries must observe strict protocols when it comes to their employees’ driving records. A felony conviction could also cause you to lose any professional licenses you’ve earned.
Leaving the scene of a crash in Lake Mary can mean increased insurance premiums, as well. Insurance companies view hit-and-run violations as high-risk behavior, so your rates could jump significantly.
If you were hurt or your vehicle was damaged in the crash and you later filed an insurance claim, being convicted of fleeing the scene could mean having it denied by your insurance company, leaving you on the hook for all property damage and other out-of-pocket costs.
Finally, non-citizens who receive Lake Mary hit-and-run charges could find themselves dealing with immigration issues, particularly for felony offenses. A conviction could result in visa revocation and even deportation.
What Happens After Law Enforcement Begins Investigating?
When a driver leaves the scene of a crash, the police will begin investigating to find out who caused the collision.
They’ll start by securing the scene and gathering all evidence left behind. If you’re identified as a suspect, you’ll be questioned and possibly arrested. Your vehicle will likely be towed and processed for evidence, and you may be formally charged with the crime of leaving the scene of an accident.
Common Mistakes Drivers Make After Leaving the Scene
If you’re facing hit-and-run charges in Lake Mary, one of the most serious mistakes you can make is not hiring a lawyer to represent you. The consequences of these charges can be life-altering, so you should immediately seek help from an experienced defense attorney.
If you panicked and left the scene, you can still avoid hit-and-run charges by going to the nearest police station and reporting the crash. The sooner you do this, the better the chances are that you won’t be accused of criminal conduct.
Attempting to repair vehicle damage after a hit-and-run is another common mistake that could open the door to even more legal problems. It’s imperative to leave all evidence intact so that if you report the accident or are identified later, you won’t be charged with tampering with evidence.
Steps to Take if You’re Accused of Leaving the Scene of a Car Accident
Before you do anything else, hire a reputable Florida hit-and-run defense attorney to represent you. Hit-and-run cases have high stakes, and they’ll be able to provide the legal knowledge and support you need to fight your charges.
Avoid making any statements to law enforcement without your lawyer present. Alternatively, you can just tell them that you are “affirmatively asserting your Sixth Amendment rights” and they have to stop questioning you immediately without your attorney being present. Remember, anything you say can be used against you later, and you have the right not to incriminate yourself. Avoid posting about the incident on social media or mentioning your hit-and-run case to anyone unless it’s absolutely necessary.
Your lawyer can help you gather exculpatory evidence. Reviewing vehicle data, checking dash and surveillance cameras, and requesting transcripts of 911 calls can be helpful for demonstrating that you didn’t commit a hit-and-run or, if you did, that you had an understandable reason for doing so.
How a Lake Mary Criminal Traffic Defense Attorney Can Help
When you hire a Lake Mary hit-and-run defense lawyer, they’ll investigate the accident thoroughly to develop a defense strategy that allows you to avoid the worst consequences. There are a few key tactics they may employ to create doubt regarding the accusation.
For one, your lawyer can try to establish that the other party chose not to take your offered information. Alternatively, they may be able to prove that there was a good reason for you to leave the scene, such as a family emergency. If the other driver became aggressive and you feared for your safety, you can use that as a defense as well.
Your attorney will push to have the charges dropped, but if the evidence against you is strong enough, they may seek reduced charges instead. This decision is complex and can have far-reaching effects, so you’ll need dependable representation to guide you through it.
The skilled defense attorneys at The Ticket Fighter Law Firm have ample experience with hit-and-run accidents involving injury and property damage, including third-degree felony cases. We can offer the compassionate and aggressive support you need to protect your rights. Contact us today for a consultation.