What happens if I left the scene of an accident in Florida?

Florida law requires every driver involved in a crash to stop, share information and help anyone hurt, whether or not the driver caused the crash. Most hit-and-run cases begin days later, when police trace a plate or a camera clip to a driver who did not stay. How Mr. Mead defends criminal traffic cases is on our criminal traffic citations page.

What does the law require at the scene, step by step?

1. Stop immediately. Stop "at the scene of the crash, or as close thereto as possible," and stay until the information duties are met (ss. 316.027(2), 316.061(1)). Move a car that blocks traffic if you can (s. 316.061(2)).
2. Give information. Give your name, address and the vehicle's registration number to the other driver, an occupant or a person attending damaged property, and show your license if asked; give the same to a police officer at the scene (s. 316.062(1)).
3. Render reasonable aid. Help anyone injured, including arranging transport to a doctor or hospital when treatment is plainly needed or the person asks (s. 316.062(1)).
4. If nobody can receive the information. When no one is able to take it and no officer is present, report the crash to the nearest police office (s. 316.062(2)).
5. Unattended car or property. Find and notify the owner, or leave a secure written note with your name, address and registration number, and notify the police without unnecessary delay (s. 316.063(1)).
6. The report. Police must file a long-form crash report within 10 days after the investigation when a crash involves injury, a s. 316.061 violation, DUI, a towed vehicle or a commercial vehicle (s. 316.066(1)(a)).

What are the penalties?

For the injury versions the court must also order restitution unless it finds "clear and compelling reasons" not to (s. 316.027(2)(d)). Failing to give information or render aid under s. 316.062, apart from leaving, is itself only a noncriminal nonmoving infraction (s. 316.062(4)).

What happens after the crash if police come looking?

Leaving-the-scene charges are excluded from the civil ticket procedures, so they cannot be paid by mail (s. 318.17(2)). A death case has a special custody rule: a person arrested for leaving the scene of a fatal crash who has a prior conviction under s. 316.027, s. 316.061, s. 316.191 or s. 316.193, or a felony under s. 322.34, must be held until brought before the court for bail (s. 316.027(2)(c)). How bond works in other cases is explained in how bond is set after an arrest in Florida.

Statements made to an officer only to complete the crash report are "without prejudice" and may not be used as evidence at trial, though an officer may testify about other statements if the privilege against self-incrimination was not violated (s. 316.066(4)). The duty to give information "shall not be construed" to require anything that would violate that privilege (s. 316.062(3)).

Which court hears the case?

The level of the charge decides the court. A property-damage case is a misdemeanor, so it goes to county court, which has jurisdiction "in all misdemeanor cases not cognizable by the circuit courts" (s. 34.01(1)(a)). Any injury version is a felony, so it goes to circuit court, which has jurisdiction "of all felonies and of all misdemeanors arising out of the same circumstances as a felony which is also charged" (s. 26.012(2)(d)). That means a related misdemeanor, such as a property-damage count from the same crash, can travel with the felony to circuit court.

In Palm Beach County, the State Attorney's office at the Criminal Justice Complex on Gun Club Road handles first appearances and felony and misdemeanor arraignments, while misdemeanor and criminal traffic arraignments are also held weekly at the North County courthouse in Palm Beach Gardens and the South County Courthouse in Delray Beach. The local layout is explained on our Palm Beach County page.

What changes the answer?

• Knowledge and willfulness. The injury, serious injury and death offenses apply to a driver who "willfully violates" the duty to stop and remain (s. 316.027(2)). Whether the driver knew there was a crash, or an injury, is often the heart of the case.
• Who was hurt. If the victim was a vulnerable road user, such as a pedestrian, cyclist, motorcyclist or scooter rider, the offense is ranked one severity level higher (s. 316.027(1)(b), (2)(f)).
• Alcohol. Leaving a fatal crash while impaired carries the same 4-year minimum, and the court may not depart from it (s. 316.027(2)(c), (g)). DUI crash charges are covered in what happens if a DUI involved a crash.
• Departure from the minimum. In a non-DUI death case, the defense may ask the court to go below the 4-year minimum; the court may grant it only if imposing it "would constitute or result in an injustice" (s. 316.027(2)(g)). Sentencing levels are explained in how a felony sentence is calculated.
• Fleeing from police. A driver who flees an officer while leaving a crash scene and causes injury or damage commits aggravated fleeing or eluding, a separate felony (s. 316.1935(4)); see the penalty for fleeing or eluding police.
• Getting the license back. After the 3-year revocation, reinstatement requires completing a victim's impact panel or an approved course on vulnerable road users (s. 316.027(2)(e)). Driving during the revocation is a separate charge, explained in whether driving on a suspended license is a crime.

A worked example

For example, a hypothetical driver in Deerfield Beach clips a parked car while leaving a lot on Hillsboro Boulevard at night and drives off. The parked car was unattended, so the charge would be a second-degree misdemeanor under s. 316.063 if she left no note and made no report. Now change the facts: she sideswipes a moving scooter rider, who falls and breaks a wrist, and she keeps driving because she believes she only hit a mirror. That is a crash with injury, so the State could charge a third-degree felony under s. 316.027(2)(a), ranked one level higher because a scooter rider is a vulnerable road user. Whether she knew of the injury would be central. A conviction would bring at least a 3-year revocation and an order to pay restitution. This illustration is not a prediction for any case.

Common mistakes people make

• Driving off after a "minor" bump without exchanging information, which turns a civil matter into a crime.
• Leaving a parked car without a note or a call to police.
• Assuming no one was hurt without checking the other people involved.
• Repairing or disposing of the car after a crash that police may investigate.
• Talking at length to an investigating officer days later, beyond what the crash report requires, without advice.
• Driving during the revocation that follows a conviction.

What to do this week

1. Write down where, when and how the crash happened, and what you saw and heard.
2. Keep the car as it is and keep photos of any damage.
3. If an officer or detective contacts you, take the name, agency and case number before answering questions.
4. Gather insurance information; restitution is ordered in most injury cases.
5. Check whether any charge has been filed with the clerk in the county where the crash happened.
6. Speak with a lawyer before any interview about the crash.

Frequently asked questions

Is leaving the scene always a crime in Florida?

Leaving after property damage is a second-degree misdemeanor, and after any injury it is a felony (ss. 316.061, 316.063, 316.027). Failing to give information while staying at the scene is a noncriminal infraction (s. 316.062(4)).

How long will I lose my license?

For any version involving injury, serious injury or death, at least 3 years (ss. 316.027(2)(e), 322.28(4)(b)).

What if I left to get help?

The statute allows stopping "as close thereto as possible" and moving a car out of traffic. Each case turns on its facts, including what the driver did next and how quickly.

Can a leaving-the-scene charge be resolved as a civil ticket?

No. It is one of the offenses excluded from the civil ticket procedures (s. 318.17(2)). Which traffic charges are civil and which are criminal is explained in whether a Florida traffic ticket is criminal or civil.

Does a leaving-the-scene conviction count toward habitual offender status?

Failing to stop and render aid after a crash with death or injury is one of the listed offenses (s. 322.264(1)(e)). The rules are in what makes someone a habitual traffic offender.

Can a conviction be sealed later?

An adjudication of guilt cannot be sealed in Florida (s. 943.059(1)(b)). Eligibility rules are in whether you are eligible to seal or expunge.

How can Mr. Mead help?

Mr. Mead's practice is devoted entirely to criminal defense, with more than three decades in South Florida courts. In leaving-the-scene cases, what the driver knew and what happened in the minutes after the crash often decide the level of the charge. The office is in Boca Raton, Spanish and Portuguese are spoken, and you can call 24 hours.

Every case is different, and no result can be promised. If police are asking about a crash, a confidential call to (561) 362-6677 is a sound first step.

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