How Our Florida DUI Defense Lawyers Can Help If You Are Accused of Leaving the Scene
Leaving the scene of a crash involving property damage in Florida is more serious than many people realize. Drivers sometimes panic, feel confused about what happened, or believe the damage is minor and leave without understanding that doing so may result in criminal charges. Florida law requires drivers involved in accidents to stop, exchange information, and take certain steps before leaving. Failing to do so can lead to misdemeanor criminal charges, fines, and possible jail time.
As a Florida criminal defense attorney, I regularly speak with people who did not intend to break the law but are now facing accusations of leaving the scene. These cases often depend on specific facts, including whether the driver knew a crash occurred, whether damage actually happened, and whether the person made reasonable efforts to comply with the law. Early legal representation can make a meaningful difference in how these cases are handled.
In many situations, leaving the scene charges are filed alongside other allegations such as careless driving, reckless driving, or even DUI. That is why speaking with a Florida DUI Defense Lawyer is important when facing these accusations. A private attorney can review the circumstances, identify possible defenses, and work toward reduced charges, reduced penalties, or dismissal.
What Is Leaving the Scene of a Crash With Property Damage in Florida?
Florida law requires drivers involved in crashes resulting in property damage to stop at the scene and provide specific information. When a driver leaves before fulfilling these requirements, law enforcement may file criminal charges.
The applicable law is Florida Statute § 316.061, which addresses crashes involving property damage.
Statute Text
Florida Statute § 316.061 states that a driver involved in a crash resulting only in damage to a vehicle or property must immediately stop at the scene and remain there until the driver has fulfilled the requirements of Florida Statute § 316.062.
Plain Language Explanation
In simple terms, this law requires drivers to stop and exchange information after a crash involving property damage. If a driver leaves without doing so, law enforcement may file criminal charges.
To comply with the law, drivers must typically:
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stop immediately at the crash scene
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provide name and address
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provide vehicle registration information
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show driver license upon request
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notify the owner of damaged property
Failing to complete these steps can result in a misdemeanor criminal offense.
As a Florida DUI Defense Lawyer, I evaluate whether the driver actually knew a crash occurred and whether the person attempted to comply with the law. These details often determine whether charges can be challenged.
Criminal Penalties for Leaving the Scene With Property Damage
Leaving the scene of a crash involving property damage is typically charged as a second-degree misdemeanor in Florida. However, that does not mean the consequences are minor.
Potential penalties may include:
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up to 60 days in jail
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up to 6 months probation
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fines and court costs
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points on driving record
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license consequences
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insurance rate increases
Even a misdemeanor conviction can create long-term consequences. A criminal record may affect employment opportunities, professional licensing, and background checks.
A Florida DUI Defense Lawyer can work to reduce the charge or pursue dismissal depending on the facts of the case.
Related Florida Statutes That May Apply
Several additional statutes often appear in leaving the scene cases.
Florida Statute § 316.062
Statute Text
Florida Statute § 316.062 requires drivers involved in crashes to provide identifying information and render assistance when required.
Plain Language Explanation
This law outlines what drivers must do after a crash, including providing identifying information and assisting when necessary. Failure to comply may support leaving the scene allegations.
Florida Statute § 316.065
Statute Text
Florida Statute § 316.065 requires reporting certain crashes to law enforcement.
Plain Language Explanation
This statute requires drivers to report crashes involving certain damage levels. Failure to report may lead to additional allegations.
When Leaving the Scene Charges Are Filed With DUI Allegations
In some situations, law enforcement suspects that a driver left the scene to avoid a DUI investigation. This can increase the seriousness of the case and influence how prosecutors approach the matter.
When DUI is suspected, investigators may attempt to gather:
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witness statements
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surveillance footage
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vehicle damage evidence
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driver statements
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timeline reconstruction
A Florida DUI Defense Lawyer can review whether law enforcement has sufficient evidence linking the driver to impairment or other allegations.
Common Defenses to Leaving the Scene Charges
Every case is different, but several defenses may apply depending on the circumstances.
Possible defenses include:
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lack of knowledge that a crash occurred
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no actual property damage
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mistaken identity
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emergency circumstances
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inability to safely stop
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compliance with legal requirements
As a Florida DUI Defense Lawyer, I review each of these possibilities to determine whether the charge can be challenged.
Real Case Example
I once represented a client accused of leaving the scene after allegedly striking a parked vehicle in a shopping center parking lot. The police relied on witness statements claiming that my client’s vehicle caused damage before leaving.
After reviewing surveillance footage and examining the alleged damage, it became clear that the damage was inconsistent with my client’s vehicle. Additionally, the timeline suggested that another vehicle may have caused the damage.
Based on this evidence, prosecutors declined to pursue charges. This case demonstrates why a thorough review of the facts is essential.
Why Hiring a Private Attorney Matters
Leaving the scene charges may seem minor, but they often involve complex factual issues. A Florida DUI Defense Lawyer can:
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review evidence
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interview witnesses
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examine surveillance footage
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challenge allegations
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negotiate reduced charges
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pursue dismissal
Early representation often improves the outcome.
Florida DUI Defense Lawyer FAQs
Can I be charged even if the damage was minor?
Yes. Florida law does not require significant damage to file leaving the scene charges. Even minor damage may lead to allegations if a driver fails to stop and exchange information. However, a defense attorney may challenge whether damage actually occurred or whether the driver knew about it.
What if I did not know I hit something?
Lack of knowledge is a common defense. Prosecutors must prove the driver knew or should have known a crash occurred. If evidence suggests the driver was unaware, the charge may be challenged.
Is leaving the scene a criminal offense?
Yes. Leaving the scene involving property damage is typically charged as a second-degree misdemeanor. While less serious than felony leaving the scene cases, it still creates a criminal record.
Can the charge be dismissed?
Yes. Charges may be dismissed if prosecutors cannot prove the required elements. Evidence issues, witness credibility, or lack of knowledge may support dismissal.
Do I need a lawyer for leaving the scene charges?
Hiring a lawyer is strongly recommended. Even misdemeanor charges can have lasting consequences. A Florida DUI Defense Lawyer can review the case and identify possible defenses.
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 35 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, the Florida Panhandle, and every county in Florida.