A driver can be charged with leaving the scene of an accident, also known as a ‘hit and run,’ if they fail to fulfill their statutory duties by remaining at the location of the car crash, according to Florida Statute 316.061. The consequences for a hit and run can be very serious, especially if the crash involved property damage in the State of Florida.
The duty of care requires all drivers to operate their cars mindfully and in accordance with the law, as this ensures the safety of themselves and other road users in the State of Florida. The duty of care automatically comes into play as soon as the driver passes their test. However, if a driver decides to behave recklessly behind the wheel or they are caught leaving the scene of an accident, then they have violated their duty of care, and they will have to face the judge and jury in court.
If you are facing charges for leaving the scene of an accident that invokes only property damage, then most likely, you will be charged with a misdemeanor – if there were no injuries caused in the accident. The penalties tend to include facing jail time, probation, receiving a large fine, and a potential six points being added to your driver’s license for your hit and run crime. However, the severity of the punishments will vary depending on the facts of your case and if you have any prior convictions on your criminal record.
It is imperative for your case that you reach out to a Clearwater criminal defense lawyer as soon as you have received a charge for a hit and run crime involving property damage in Clearwater. The Law Place has over seventy-five years of combined experience when it comes to managing cases from driving under the influence (DUI), car accidents, and leaving the scene of an accident involving bodily injury, death, or property damage in the State of Florida.
Our law firm is committed to helping those who are facing hard times, and we want to be the ones to handle your case. A trusting attorney-client relationship is very important to us, and we promise to be at your side every step of the way.
If you are looking for the top law firm in town, then you’ve come to the right place. Reach out and speak to a criminal defense lawyer from The Law Place today.
Contact us now on (941) 444-4444 to schedule a free consultation, and we will fight your leaving the scene of an accident involving property damage charges together in Clearwater.
A Driver’s Statutory Duties Involving Property Damage in Clearwater, FL.
In the face of a car accident involving property damage to another driver’s vehicle or personal property, a driver is required to fulfill their statutory duties before they can leave the scene in a legal manner. According to Florida Statutes 316.061-316.063 a driver must:
- Stop – The driver is required to stop their car and remain at the scene.
- Inform – The driver is required to inform the owner of the vehicle and let them know that their property has been damaged in a crash, then they must collect their personal information, such as name, license, and vehicle registration number.
- Driver’s license – The driver is required to reveal their driver’s license if a law enforcement officer or the other driver involved in a crash have asked to see it.
- Identifying information – The driver is required to give their name, license, address, vehicle registration number, and other relevant information to the law enforcement officer at the scene of the accident.
- Inform owner – The driver is required to find and inform the owner of the damaged property if they were not present at the accident at the time that it occurred. However, if the driver is unable to locate the owner, then they must write a note that includes their name, address, and vehicle registration number, and they must securely attach it to the owner’s property or vehicle.
- Contact law enforcement – The driver is required to get in contact with law enforcement immediately following the car accident.
Required Proof in the Courtroom in Clearwater, FL.
If the driver failed to fulfill their statutory duties and they left the scene of the accident, then the prosecutor must be able to prove four factors beyond a reasonable doubt according to the burden of proof:
- It is factually correct that the driver was the one operating the car that was involved in the crash, which ultimately resulted in bodily injury, wrongful death, or property damage.
- It is factually correct that the driver was aware, or should have known, that they were involved in a car crash.
- It is factually correct that the driver was aware, or should have known, that the crash ended up causing property damage.
- It is factually correct that the driver failed to remain at the scene of the crash, or they failed to stop their vehicle close to the location. They failed to provide their personal information to the law enforcement officer or the other driver at the time.
We’re here to serve you. Our phones are open 24 hours a day. Penalties for Leaving the Scene of an Accident in Clearwater, FL.
The penalties that a driver will face after being charged with leaving the scene of an accident will ultimately depend on the severity of the incident and the harm or damage that was caused
If an individual is caught leaving the scene of an accident that caused only property damage, then they can be charged with a second-degree misdemeanor. The penalties tend to include receiving a fine of up to $500 and spending up to 60 days in jail.
If an individual is caught leaving the scene of an accident that caused serious bodily injury or death of another individual, then the penalties are much more severe.
We’re Florida’s top litigation team with over 75 years of combined experience Defenses to Leaving the Scene of an Accident in Clearwater, FL.
The Law Place has a multitude of defense strategies that can be used to contest a hit and run charge in Clearwater. A criminal defense lawyer from our law firm could employ the following defense strategies in an effort to reduce the charges for your case:
- The identity of the driver who caused the hit and run is unconfirmed.
- A lack of knowledge or awareness that a car accident actually happened.
- A lack of knowledge or awareness that an accident occurred that impacted another individual’s property or vehicle.
- The driver was in the middle of an emergency. Therefore, their failure to stop and fulfill their statutory duties was not wilful.
- The driver tried their best to stop their vehicle close to the location of the crash.
- The other driver chose to deny the information that was being given by the driver who caused the crash.
- The other driver behaved aggressively and hostile, and they demanded the driver leave the scene to contact law enforcement.
This list is not exhaustive; your lawyer should always tailor your defense to your case. Furthermore, it is worth noting that a hit and run charge does not necessarily have to end up in a conviction in Clearwater. However, it is always best to hire the skills of a lawyer with extensive knowledge of hit and run cases like yours. We highly recommend that you get in contact with a reputable law firm like The Law Place.
From the initial call to updates on your case status, we are here to get you answers. Importance of Hiring an Attorney in Clearwater
If you have been charged with leaving the scene of an accident involving only property damage in Clearwater, then it is imperative that you understand the seriousness of the offense that you are facing. Every driver is required to act upon their statutory duties before they can lawfully leave the scene of an accident, and if you did not fulfill your statutory duties, then you are going to face harsh punishment in Clearwater.
However, the good news is that you can hire the services of a reputable law firm to be at your side and fight for your rights. The Law Place has over seventy-five years of collective experience when it comes to helping clients in Clearwater and all over the State of Florida to beat their hit and run charges. We have dealt with hundreds of cases like yours, and we understand that there might have been other factors at play that could help to explain your failure to fulfill your statutory duties at the time of leaving the scene of an accident, and a criminal defense lawyer will be able to use this information to protect your legal rights in front of the court.
Our law firm has the necessary skills and knowledge to fight for your rights and guide you through the legal system in the State of Florida. If you get in touch with a criminal defense lawyer today to set up a free consultation, then we will be able to discuss the facts of your case and explain the process to you stage by stage.
If you ultimately choose to be represented by The Law Place at the end of the free consultation, then a criminal defense lawyer will get to work conducting an investigation into your case, gathering relevant facts and information, discussing terms with the prosecutor, contacting law enforcement for evidence, negotiating with insurance companies, and building a strong defense strategy to contest your charges.
There is no need to be concerned, as The Law Place are immensely skilled at achieving reasonable outcomes for hit and run cases just like yours. We will work hard to explore every possible option to reduce the charges and the severity of the consequences for your case.
If you are feeling at a loss for what to do next following your charge of leaving the scene of an accident, then reach out to The Law Place today. Our dedicated team of lawyers will be able to offer you honest legal advice on how best to approach your case and handle the situation.
Contact us now on (941) 444-4444 to schedule a free consultation, and we will fight your leaving the scene of an accident involving property damage charges together in Clearwater.
