Miami, FL Hit and Run Attorney

Lawyer for Charges of Leaving the Scene of an Accident in Miami

When a car accident takes place, there are certain steps that the people involved are required to take. Failure to follow these steps could result in hit and run charges. Leaving the scene of an accident is a traffic crime that can result in serious consequences. Many people accused of hit and run had legitimate reasons for their actions. They may not have realized that they were involved in an accident, or they may have returned to the scene shortly after leaving. Because of the legal penalties that a person may face in these situations, legal representation is essential.

At Stroleny Law: Criminal Defense Attorney, we understand Florida's accident reporting requirements, the circumstances that may lead to hit and run charges, and the defense strategies that can be used to challenge these serious accusations. Our lawyer knows that hit and run charges can sometimes result from panic, confusion about a person's obligations, a lack of awareness of an accident, or reasonable decisions to seek help or safety. He will work to resolve these cases while minimizing the penalties that a person may face.

Legal Requirements After Car Accidents

According to Florida Statutes § 316.062, people who are involved in accidents have certain legal obligations. If an accident caused damage to a vehicle or other property, or if someone was injured or killed in the collision, a driver must immediately stop at the scene or as close as possible. They must provide all reasonable forms of aid and assistance that are necessary, including calling an ambulance or making arrangements to transport a person to a hospital or medical facility.

A driver must remain at the scene of an accident and provide certain information to others who were involved, including other drivers or passengers or a police officer who comes to the scene. This information includes a person's name, address, and driver's license, as well as details about auto insurance policies.

Reasons People Leave May Accident Scenes

Fear and panic are some of the most common reasons people do not stop after accidents and fail to meet their legal requirements. Drivers who have never been in accidents before may not understand their legal obligations, or they may feel overwhelmed. Young drivers, people who are unfamiliar with traffic laws, and people who panic under stress may flee without considering the consequences.

Fear of other parties may be a reason for leaving the scene of an accident. When an accident takes place in a dangerous area, when the other driver becomes aggressive or threatening, or when a person fears for their safety, they may leave while planning to report an accident from a safer location. Women who are driving alone, people who feel threatened, or drivers in high-crime areas may have legitimate safety concerns.

In some cases, a person may not have realized that an accident occurred. A driver may bump into another vehicle in a parking lot, and they may not notice minor contact, especially if they are driving a large truck or SUV. A driver may believe they only hit a curb or debris in the road, and they may not realize that they struck another vehicle.

If a person leaves the scene of an accident to seek help or to transport injured passengers to the hospital, they could be accused of hit and run. A driver may panic when passengers have been injured, and they may rush to medical facilities, intending to report an accident later. In these cases, a person could face hit and run charges despite their good intentions.

Intoxication or impairment may lead a person to leave the scene of an accident. A driver may worry that they could face DUI charges, and they may try to flee to avoid an arrest. Outstanding warrants, immigration concerns, or suspended licenses may also motivate some people to leave the scene of an accident.

Charges and Penalties for Hit and Run

Leaving the scene of an accident involving property damage only is a second-degree misdemeanor under Florida Statutes § 316.061. This offense carries a potential sentence of 60 days in jail, as well as a maximum $500 fine.

Leaving the scene of an accident involving injuries is addressed in Florida Statutes § 316.027. In cases where an accident results in injuries that are not considered to be "serious bodily injuries," this offense is a third-degree felony, and a conviction carries a potential sentence of five years in prison and a maximum fine of $5,000. If a crash resulted in serious bodily injuries, the charges increase to a second-degree felony, with a potential sentence of 15 years and a maximum fine of $15,000.

The most serious hit and run charges involve accidents that resulted in someone's death. In these cases, a person may face first-degree felony charges. If convicted, they will be sentenced to a minimum of four years in prison and a maximum of 30 years.

In addition to other penalties, a person convicted of hit and run charges involving injuries will have their driver's license revoked for at least three years. In any hit and run case, a person who is convicted will likely be ordered to pay restitution to address the damages suffered by other people involved in an accident.

Defense Strategies in Hit and Run Cases

With his experience representing people who have been charged with hit and run, our lawyer can determine the defense strategies that will be most likely to be successful in these cases. He may present evidence showing that a person did not know they were involved in a collision, that the impact was too minor to perceive, or that they believed they hit debris rather than vehicles or property. He could also take steps to show that no property damage or injuries occurred.

In some cases, it may be possible to demonstrate that a person left the scene of an accident to seek help or safety. Our attorney can present evidence of a medical emergency that required the immediate transport of injured parties to a hospital, threats from others who were involved in an accident, or dangerous locations that required a person to leave to call for help.

Our lawyer may show that a person returned to the scenes of an accident or reported the accident to law enforcement shortly after leaving. This can show that they took steps to comply with their legal duties. A person may have left but returned within minutes, called police while en route to a safe location, or reported an accident to the authorities as quickly as possible.

Negotiating reduced charges may be the best approach to take in some cases. Our attorney can take steps to protect a client from a felony conviction or to reduce a misdemeanor charge to a traffic violation. He will work with prosecutors to show that a person made good faith efforts to comply with their legal requirements or demonstrate that a case involved mitigating circumstances. His goal will be to resolve a case in a way that will minimize the penalties a person may face.

Contact Our Miami, Florida Hit and Run Lawyer

Stroleny Law: Criminal Defense Attorney has successfully defended clients against hit and run charges and other traffic offenses. Our lawyer knows the defenses that are most likely to be successful in these cases. He can help you take steps to protect your rights and your freedom. Contact our Miami hit and run defense attorney at 305-615-1285 to schedule your free consultation. He will review the charges against you, evaluate the evidence, and explain how he can help protect your driving privileges and your future.