Understanding Your Rights and Options When Facing Hit-and-Run Allegations in Florida
If you're facing accusations of leaving the scene of an accident in Florida, the consequences can change your life overnight. As a Florida Hit-and-Run Defense Lawyer, I've stood with countless clients, some scared, some confused, all worried about their future. I want you to know one thing: being accused does not mean you are guilty. You have rights, and you need someone who will fight for them.
Florida's hit-and-run laws are strict, and the penalties are severe. Whether the case involves minor property damage or serious injury or death, prosecutors pursue these cases aggressively. But the law also requires them to prove intent, knowledge, and failure to meet legal duties. That's where I come in.
Let's look closely at the law, the possible penalties, defenses, and a real case I handled successfully.
Florida's Hit-and-Run Laws: What the Statutes Say
Florida law treats hit-and-run offenses under Florida Statutes §316.061 and §316.027. These statutes are very clear about the obligations of a driver involved in an accident.
Here is the relevant statute:
Florida Statute § 316.061 – Crashes Involving Damage to Vehicle or Property
"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 the vehicle at the scene of the crash, or as close thereto as possible, and shall forthwith return to and in every event shall remain at the scene..."
Florida Statute § 316.027 – Crashes Involving Death or Personal Injuries
"The driver of any vehicle involved in a crash occurring on public or private property that results in the death of a person or in the personal injury of a person must immediately stop the vehicle at the scene of the crash... and must remain at the scene until he or she has fulfilled the requirements of s. 316.062."
Failing to do so can lead to criminal charges ranging from a second-degree misdemeanor to a first-degree felony, depending on the severity of the incident.
Penalties for Hit-and-Run in Florida
The penalties for a hit-and-run conviction vary based on the level of harm caused in the crash:
- Property damage only – Second-degree misdemeanor
- Up to 60 days in jail, a $500 fine, and 6 months of probation
- Injury to another person – Third-degree felony
- Up to 5 years in prison, a $5,000 fine, and mandatory license revocation
- Serious bodily injury – Second-degree felony
- Up to 15 years in prison, a $10,000 fine, and license revocation
- Death of another person – First-degree felony
- Up to 30 years in prison, a $10,000 fine, and permanent license revocation
- Mandatory minimum of 4 years in prison under §316.027(2)(c)
Florida Statute § 316.062 outlines the specific duties of a driver following a crash: providing name, address, vehicle registration, and rendering reasonable aid to anyone injured. If you didn't fulfill those duties, the prosecutor may pursue felony charges.
Why You Need a Private Florida Hit-and-Run Defense Lawyer
Public defenders are often overloaded. When you're facing charges this serious, you need a focused, strategic defense—not just someone who will show up in court. I build defenses based on the facts, the timing, and the burden of proof required under the law.
Here's what I do for my clients:
- Analyze whether the prosecution can prove you knew an accident occurred
- Evaluate the evidence, including surveillance footage or forensic reports
- Review witness statements and police procedures
- Challenge unlawful stops, arrests, or statements taken without proper Miranda warnings
- Negotiate with prosecutors for reduced charges or diversion programs when appropriate
- Take the case to trial when necessary and fight for an acquittal
Real Case Example: Dismissed Charges After Wrong Car Identified
One of my clients, a 29-year-old delivery driver in Miami, was accused of leaving the scene after hitting a pedestrian near a construction zone. A partial plate was reported by a witness. Police traced it to his vehicle, and within 24 hours, he was arrested at work. He was terrified—he had never been in trouble before and was worried he'd go to prison.
After reviewing the surveillance footage from a nearby business, I discovered the vehicle involved in the hit-and-run had a damaged rear bumper—my client's car did not. Additionally, the dash cam from a rideshare driver in the area helped show that the car that struck the pedestrian was a different make and model.
The State dropped all charges before trial. Without fast action and access to video evidence, my client could have faced a felony record, a driver's license suspension, and time behind bars.
Defenses to Florida Hit-and-Run Charges
No two hit-and-run cases are alike. The defense strategy always depends on the facts, but here are some common legal defenses that I may raise in court:
Lack of Knowledge
Under Florida law, the prosecution must prove that you knew or should have known that you were involved in a crash. If you were unaware that any contact occurred—perhaps because of loud music, weather, or minimal impact—then there may be no criminal liability.
Mistaken Identity
Many hit-and-run arrests happen based on partial license plates or vague witness descriptions. If your car was misidentified, or if you were not the person driving at the time, the charge cannot be sustained.
No Injury or Minimal Damage
Sometimes officers file felony charges for an incident that should only be a misdemeanor. If there's no verifiable injury or if the crash caused only minor damage, we may push for a reduced charge or even a dismissal.
Emergency or Fear for Safety
If you left the scene because you feared for your personal safety—especially if the crash occurred in a high-crime area—you may have a legal excuse under Florida's self-protection laws. I can present that to the prosecutor or court to argue that your actions were reasonable under the circumstances.
Illegal Stop or Unlawful Arrest
If law enforcement violated your constitutional rights, such as conducting a search without a warrant or arresting you without probable cause, I can file motions to suppress the evidence and weaken the State's case.
Why the Stakes Are So High
Even if you don't serve jail time, a felony conviction will stay on your record for life. You may lose your license, your job, your insurance, and your ability to get professional licensing or loans. That's why I fight every case aggressively.
Many people think they can explain things to the police and clear it up. But once you're a suspect, everything you say can and will be used against you. Call me before talking to law enforcement. I'll take immediate steps to protect your rights and look for options that can reduce or eliminate the charges.
How I Help You Protect Your Freedom
When I take on your case, I do more than just show up to court. I conduct a full investigation, consult with accident reconstruction experts when needed, subpoena records, and look for holes in the prosecution's case. I keep you informed at every stage and help you make the best choices.
I've helped clients throughout Florida—including Tampa, Miami, Jacksonville, Fort Myers, Sarasota, and the Panhandle—fight back against hit-and-run accusations and walk away with their records clean. Whether this is your first offense or you're facing enhanced charges due to prior convictions, I'm ready to defend you.
Florida Hit-and-Run Defense Lawyer Frequently Asked Questions
What should I do if I left the scene but want to come forward?
Call a private defense attorney before contacting the police. Anything you say to the police can be used against you, but what you say to your attorney is confidential. I can negotiate your surrender, preserve your rights, and possibly avoid an arrest or jail.
Is leaving the scene of an accident always a felony in Florida?
No. If the crash only involved property damage, it's a second-degree misdemeanor. It becomes a felony only when injury or death is involved. But the facts of each case will determine how the charges are filed and whether enhancement applies.
Will I lose my driver's license for a hit-and-run conviction?
Yes. Under Florida law, a conviction for a felony hit-and-run offense involving injury or death will lead to mandatory revocation of your driver's license. I work to avoid those outcomes through dismissal, reduction, or diversion programs when available.
Can I be charged if I wasn't the driver?
Possibly, but the prosecution must prove beyond a reasonable doubt that you were the person behind the wheel. If your car was involved, but someone else was driving it, I can raise that defense and look for evidence like fingerprints, phone records, or video footage to support your case.
What if I was afraid to stop at the scene because I didn't feel safe?
Fear for your safety can be a defense in some cases. If the area was dangerous, or if you reasonably believed you would be harmed, I may argue that your decision to leave was justified. This can result in reduced charges or dismissal depending on the facts.
Can I go to jail for a misdemeanor hit-and-run in Florida?
Yes, up to 60 days in jail. While jail is not always imposed for first-time offenders, it's still a criminal offense and will go on your permanent record. That's why I aim to keep you out of jail and off the record entirely whenever possible.
How soon should I call a defense lawyer after being involved in an accident?
Immediately. The earlier I get involved, the more options we may have—whether it's gathering favorable evidence, avoiding charges, or negotiating a better outcome. Time is critical, especially when surveillance footage or witnesses need to be located.
Can I be charged if I left a note after hitting a parked car?
Leaving a note is better than doing nothing, but it may not satisfy the full legal requirements under §316.062. You're required to report the crash to law enforcement and provide your information directly. If charges have been filed, I may be able to argue that your intentions were in good faith.
Call Our Florida Hit-and-Run Defense Lawyer Today
If you or someone you care about is facing hit-and-run charges in Florida, the time to act is now. Every second counts when your freedom and future are at stake. I know how to fight these cases because I've handled them across the state, and I don't back down.
Contact Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation
Musca Law, P.A., has a team of experienced criminal defense attorneys dedicated to defending people charged with a criminal or traffic offense. We are available 24/7/365 at 1-888-484-5057 for your FREE consultation. We have over 30 office locations throughout the state of Florida and serve all counties in Florida, including Jacksonville, Miami, Tampa, Orlando, St. Petersburg, Hialeah, Port St. Lucie, Cape Coral, Tallahassee, Fort Lauderdale, and the Florida Panhandle.