Driving under the influence of drugs or alcohol could lead to an accident. If a drunk driver strikes another car or a pedestrian, he or she is obligated to stay at the scene. In Florida, any motorist involved in a crash resulting in damaged property or injury must not leave until the requirements of Florida Statute 316.062 have been fulfilled.
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Duty to Give Information and Render Aid
If you are involved in an accident "resulting in injury to or death of any person or damage to any vehicle or other property which is driven or attended by any person," you need to leave your name, address, and your vehicle registration number (VIN) to the injured party. According to Florida law, if the other person is incapable of receiving your information, you must give it to a police officer. If no officer is present at the crash, you must call one as soon as possible, particularly if another party or yourself is injured.
Proof for Conviction
In order to be charged with leaving the accident scene, the prosecution must prove beyond reasonable doubt that you knew or should have known, someone or something was injured or damaged. If someone else was wounded in the accident, you might only be charged with one count of leaving the scene.
Penalties for Conviction
If no one was injured and no property was damaged during a car accident, you would only be charged with a nonmoving violation. However, if someone was hurt or killed in the crash, you could be accused of a felony. For anyone mildly injured during an accident, you would be charged with a 3rd-degree felony. If someone has been severely injured, the charge would be a 2nd-degree felony. A 1st-degree felony would occur if someone was killed in the collision.
You may face some of the following sentences:
- 3rd-degree felony: up to 5 years in prison, 5 years of probation, and a $5,000 fine
- 2nd-degree felony: up to 15 years in prison, 15 years of probation, and a $10,000 fine
- 1st-degree felony: up to 30 years in prison, 30 years of probation, and a $10,000 fine
These punishments would be on top of any DUI charges that you may have to face. See our Mandatory Minimum DUI Penalties chart for more information.
Call an Experienced DUI Attorney at (888) 863-7415
You don't want to face prison time. Call our excellent St. Petersburg DUI attorney, Timothy Hessinger today. He has 29 years total of criminal law experience, including working as a prosecutor for 15 years for the State Attorney. As your legal representative, Tim would evaluate your case and operate from a position of strength in all discussions with the prosecutor.
- All charges dropped. 2 Counts Battery
- Reduced to 3 Counts. Wh/Adj 3 years probation. 5 Counts Possession of Child Pornography
- Reduced to 2 counts. Wh/Adj and probation. 9 Counts - Possession of Child Pornography.
- Not Guilty after Jury Trial Aggravated Assault with a Firearm
- All charges Dropped. Aggravated Assault With Motor Vehicle
- Reduced to Felony Battery, dismissed, sealed. Aggravated Battery
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