LEAVING THE SCENE OF AN ACCIDENT (LSOA)
AKA “ HIT AND RUN”
If you have been accused of Leaving the Scene of an Accident or other Criminal Traffic charge in Orange, Osceola, Seminole, Brevard or Volusia County, then you should give me a call.
Basically, Leaving the Scene of an Accident, can be charged as a misdemeanor or a felony depending upon the severity of the accident.
The Legislative scheme involves placing a duty on drivers involved in accidents to stop, provide identification, vehicle information and to render aid if applicable when accidents occur.
The driver of a vehicle that collides with or is involved in a crash just to property that is unattended, that driver has a duty to remain at the scene until the driver has disclosed name, address, and registration number of vehicle by either finding the owner or posting that information in a conspicuous place and filing a report with law enforcement (an example of this is a parked car with no one around). Leaving the scene without providing the information is charged as a 2nd degree Misdemeanor punishable by up to 60 days jail and/or up to a $500 fine.
The Driver that collides with an attended vehicle without personal injury, still just property damage, and it is alleged doesn’t stop to provide the required information is also charged as a 2nd degree Misdemeanor. (An example of this is a fender bender without anyone claiming personal injury).
ACCIDENTS RESULTING IN INJURY TO A PERSON
Driver involved in accident that results in injury to person other than serious bodily injury.
3rd Degree Felony- punishable up to 5 years prison.
(Drivers license revocation 3 years)
Accident results in serious bodily injury
2nd Degree Felony –punishable up to 15 years prison
(Drivers license revocation 3 years)
Accident results in death.
1st degree felony – punishable up to 30 years prison.
(Drivers license revocation 3 years)
Minimum Mandatory jail term 4 years in prison
The outline above is general in nature.
The relevant Florida Statutes are listed below.
Florida Statute 316.027-crash involving death or personal injuries
Florida Statute 316.061-crash involving damage to vehicle or property
Florida Statute 316.066-written reports of crashes.
Fact is not everyone charged with LSOA gets convicted of LSOA
A Statutory defense to reporting is described in FS 316.064 above, based upon physical incapacity.
There may be factual defenses available to you. The evidence to be used against you may be subject to challenge based upon constitutional or procedural error that may lead to dismissal, a reduction in charge/penalties or acquittal.
You should discuss the facts of your case with an experienced Criminal Traffic Attorney. I have over 20 years experience with Criminal Traffic cases. We should go over your side of what happened as well as examining the strength and weaknesses of the evidence to be used against you. Consultation is free and confidential.
