Protecting Your Rights and Your Future Against Hit-and-Run Charges
When you are accused of leaving the scene of an accident involving property damage in Florida, you are facing a criminal charge that carries real consequences. Even though no one was injured, the State of Florida treats this offense seriously, and prosecutors often push for penalties that can affect your record, your license, your career, and your freedom.
As a Florida DUI and criminal defense lawyer, I have defended countless clients in these cases. Many people I represent never thought of themselves as criminals, yet they suddenly find themselves under arrest, booked, and forced into a system they do not understand. The stress of being accused of a “hit-and-run” offense can be overwhelming, and that is why hiring a private defense attorney makes a world of difference.
Florida’s Hit-and-Run Law Involving Property Damage
The statute that governs leaving the scene of an accident is Florida Statutes Section 316.061. The law states:
“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.”
This means if you are involved in a collision that damages another vehicle, a fence, a mailbox, or any other property, you are legally required to stop, exchange information, and stay long enough to fulfill your legal duties. Failure to do so can result in a criminal charge.
Under Florida law, leaving the scene of an accident involving property damage is classified as a second-degree misdemeanor, punishable by up to 60 days in jail, six months of probation, and a $500 fine.
Why Prosecutors Take These Charges Seriously
Police and prosecutors often see leaving the scene as an intentional act of avoiding responsibility. They may assume the driver fled because they were drunk, high, driving on a suspended license, uninsured, or fearful of being arrested. That assumption puts the defendant in a dangerous position, even if none of those factors were true.
Having a defense attorney ensures that your side of the story is told. I often see cases where people panicked, did not realize damage occurred, or made a split-second mistake. The State does not automatically give you the benefit of the doubt. It takes a defense lawyer to present those facts and push for a dismissal or reduction.
Legal Duties After an Accident in Florida
Florida Statute 316.062 explains the duties you must perform at the scene:
“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, shall give his or her name, address, and the registration number of the vehicle he or she is driving, and upon request exhibit his or her license or permit to drive, and shall render reasonable assistance...”
This statute means that even when no one is hurt, you must at least stop and exchange contact and vehicle information. If the property is unattended, such as hitting a parked car or fence, you must make a reasonable effort to notify the owner. That often includes leaving a note with your name, phone number, and insurance information.
Failure to follow this law opens the door for a criminal charge.
Common Defenses Against Leaving the Scene Charges
Every case has its own facts, and that is why defenses must be tailored to the situation. Some of the defenses I have successfully used include:
- Lack of Knowledge – If a driver did not realize they made contact or caused damage, the State cannot prove intent. This happens often in minor scrapes or low-speed contact.
- Mistaken Identity – Sometimes witnesses provide vague or incorrect descriptions, or police rely on partial tag numbers. An attorney can challenge the reliability of that evidence.
- Emergency Circumstances – If a medical issue, threat, or safety concern caused someone to leave the scene, that can be used to defend or mitigate the case.
- No Proof of Contact – The State must prove that your vehicle actually caused the damage. Paint transfers, surveillance video, or eyewitness accounts must be closely scrutinized.
- Failure of the State to Meet Its Burden – Prosecutors must prove every element of the offense beyond a reasonable doubt. If they fail, the case must be dismissed.
The difference between pleading guilty without a fight and having an attorney challenge the State’s case can mean the difference between a permanent criminal record and a case dismissal.
Real Case Example
One of my clients was charged after allegedly hitting a parked car in a shopping plaza and driving away. Witnesses claimed they saw her vehicle, and police matched partial plate information. She was terrified because she had never been arrested before and was worried about losing her professional license.
When I reviewed the evidence, I discovered that the witness’s description of the car did not match my client’s model, and there was no physical evidence tying her vehicle to the damage. The prosecution wanted her to accept probation and pay restitution, but I refused to recommend a plea to my client when the case was weak. After presenting our arguments and showing photographs of her vehicle that contradicted the State’s theory, the prosecutor dropped all charges.
Without a defense attorney, she likely would have pleaded guilty just to make the case go away. Instead, we protected her record, her career, and her peace of mind.
Additional Consequences of a Conviction
Even though this offense is “only” a misdemeanor, the effects can extend far beyond fines or jail:
- Permanent Criminal Record – A conviction stays on your record and cannot be sealed or expunged if adjudication is entered.
- Driver’s License Points and Possible Suspension – Convictions add points to your license, leading to higher insurance rates or even suspension.
- Insurance Premium Increases – Insurers view a hit-and-run conviction as a major risk factor.
- Employment and Professional Licensing – Many employers and licensing boards view this type of conviction as dishonesty or irresponsibility.
That is why it is critical to fight these charges with everything possible.
How a Defense Attorney Can Reduce or Dismiss Charges
The prosecutor has discretion to reduce a charge from a criminal misdemeanor to a civil citation under the right circumstances. With strong negotiation, I have persuaded prosecutors to amend charges to “careless driving” or “failure to report a crash.” These outcomes prevent a criminal conviction and protect a client’s record.
An attorney can also argue for withholding adjudication, meaning the defendant avoids a formal conviction. In some cases, especially for first-time offenders, I have arranged pretrial diversion, which allows the case to be dismissed entirely after restitution or community service is completed.
Other Related Florida Statutes That Can Impact Your Case
- Florida Statute 316.027 – Leaving the scene of a crash involving injury or death. These cases are treated as felonies and carry prison time.
- Florida Statute 316.063 – Duties of a driver when unattended property is damaged. This covers situations where you hit a parked car or other unattended property.
- Florida Statute 322.34 – Driving with a suspended license, often charged together with hit-and-run cases.
Understanding how these statutes overlap is vital. Prosecutors may use them to increase charges or apply leverage in negotiations.
Why You Need a Private Attorney
If you are facing this charge, you might consider representing yourself or using a public defender. The problem is that prosecutors know when someone is not fully defended, and they often push harsher penalties. A private defense lawyer has the time, resources, and incentive to fight for the best possible outcome in your case.
I do not simply accept the State’s version of events. I investigate the facts, scrutinize the evidence, and present alternatives that protect your record and your future. That aggressive defense approach can be the difference between walking away with no record and carrying a conviction for the rest of your life.
Frequently Asked Questions About Leaving the Scene of an Accident in Florida
What if I did not realize I hit something?
Florida law requires knowledge of the crash. If you truly did not know that contact occurred or that damage was caused, that is a valid defense. Many drivers discover they are charged days later after police track them down, yet they never knowingly left the scene. An attorney can argue lack of knowledge effectively.
Can I get my charges dismissed if I pay for the damage?
Paying restitution may help with negotiations, but it does not automatically dismiss a case. However, prosecutors and judges often view restitution positively. With an attorney, you may be able to secure a pretrial diversion or reduction if damages are compensated.
Is leaving the scene with property damage a felony?
No, it is a misdemeanor unless someone was injured or killed. If injury occurs, the charge becomes a felony under Florida Statute 316.027. But even as a misdemeanor, the consequences should not be underestimated.
Will I lose my driver’s license if convicted?
A conviction adds points to your driving record. Too many points within a set period can lead to suspension. In addition, your insurance company may drop your coverage or raise your premiums.
What if I left because I was scared?
Fear alone does not excuse leaving the scene, but your attorney can present this in mitigation. Showing that panic or confusion, rather than intent to avoid responsibility, drove your actions can influence the prosecutor and judge.
Can police arrest me days after the accident?
Yes. Police often investigate after the fact, reviewing surveillance footage, witness statements, or vehicle damage. They may show up at your home days later with a warrant or citation.
What if no one saw me leave the scene?
The State must prove the case beyond a reasonable doubt. If no witness or evidence ties you to the crash, your attorney can challenge the sufficiency of the State’s case.
Can I get probation instead of jail?
For many first-time offenders, probation is a common resolution. The goal is to avoid jail time and keep your record as clean as possible. An attorney can negotiate for probation, diversion, or dismissal.
What happens if the property was unattended?
Florida Statute 316.063 requires you to attempt to notify the owner. If that is not possible, you must leave a note with your information in a visible place. Failing to do so can still result in a charge.
Can the charge affect my job or professional license?
Yes. Employers and boards may view a leaving-the-scene conviction as dishonest behavior. Nurses, teachers, lawyers, real estate agents, and other licensed professionals must take extra care to avoid a conviction.
Should I talk to police without an attorney?
Never. Statements you make can and will be used against you. Always consult with a defense lawyer before giving any statements.
Can I seal or expunge my record if convicted?
No. A conviction cannot be sealed or expunged. However, if adjudication is withheld or the charge is dismissed, you may qualify.
What is pretrial diversion?
This is a program for first-time offenders where you complete conditions such as community service or restitution. Upon completion, your case is dismissed. An attorney can request and negotiate for this option.
What if I was drinking at the time?
Leaving the scene can compound DUI charges. Prosecutors may assume you fled to avoid a DUI arrest. Having an attorney fight to keep your charges limited to the least serious offense is critical.
Contact Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation
If you are accused of leaving the scene of an accident involving property damage in Florida, the decisions you make right now will shape your future. The State is preparing its case, and you need an experienced defense attorney to protect you.
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 all of 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.