ARRESTED? INVESTIGATED?
ARRESTADO? INVESTIGADO?
Florida law requires any driver involved in a crash, other than during a motor sports event, in which damage has been done to property, or an injury or death has occurred, to remain at the scene of the crash. The driver is required to provide information to the other driver(s) involved, render assistance where required and report the incident to the police.
Any attempt to leave the scene of a crash without doing any of the above is a serious crime in Florida and is potentially punishable by jail and a fine, or both.
If you have been arrested for leaving the scene of a crash or realize that you may have done so without informing the police and believe that you could soon be arrested, you should contact a criminal defense attorney immediately.
You have the right to remain silent and not respond to questions from a law enforcement officer until you have seen an attorney who can represent your interests. You are not guilty of such a serious offense until it has been proven beyond a reasonable doubt that you actually knowingly committed the offense.
Every case of leaving the scene of a crash is unique and there are many reasons why your charge can be dismissed or reduced to a lesser charge by a knowledgeable and experienced criminal defense attorney.
What is meant by ‘leaving the scene of a crash?’
If you have been involved in a crash on a public highway, then there may be several potential consequences:
You are obliged to provide information to another driver in attendance whenever you are involved in a crash. That includes your name, contact details, registration and driver’s license if asked to do so. You are also required by law to render whatever assistance is necessary if someone has been injured, however seriously. You are further required to inform the police as soon as possible.
If you do not do ANY of the above and leave the scene of the crash or accident you could face criminal charges. Even if there is no one around when the crash takes place, and more than $50 worth of damage is done, you are required to leave a notice informing the owner of what happened and your name, address and registration as above AND inform the police.
If you are arrested for leaving the scene of a crash, you face serious penalties. However, it is your right to be represented by an attorney. Prosecutors must be able to prove beyond a reasonable doubt that you were present at a crash scene where property was damaged, and/or someone was injured or killed, that you were aware of the damage and attempted to leave without discharging your responsibilities as described above.
Leaving the scene of a crash can result in jail, fines and suspension or revocation of your license
If you are convicted on a charge of leaving the scene of a crash, penalties will be imposed depending on the exact circumstances. Even leaving the scene of a crash where $100 worth of damage was done can result in a second degree misdemeanor and up to 60 days in jail and up to $500 in fines under Florida statute 316.062.
A similar sentence can be imposed if someone was in the vehicle but not injured. (s. 316.061)
If you are convicted of leaving the scene of a crash where an injury was involved, also called a ‘hit and run’ offense, you may face up to 5 years in jail as this is a felony in the third degree under Florida statutes. 316.027. Even more serious is leaving the scene of a crash in which someone has died. This could result in a felony conviction in the first degree under s. 316.027 with a state prison sentence of up to 30 years with a four year minimum mandatory prison term.
An experienced Miami criminal defense attorney can save you from going to jail
There are many ways that a person charged with leaving the scene of a crash can be defended. You are innocent under Florida law until proven guilty ‘beyond reasonable doubt’. Prosecutors may not have the correct information about you or may not have sufficient proof that you knew that a crash had taken place or that you left without providing sufficient information and failed to provide assistance or inform the police.
An experienced Miami criminal defense attorney such as Albert Quirantes who with over 35 years of experience has helped over 8,000+ clients, can help to get your case dismissed, have the charge reduced to a lesser charge or have the severity of the sentence reduced. Call 305-644-1800 for a free no obligation face-to-face consultation with an attorney.
A hit-and-run accusation can begin with a parking lot scrape or a collision involving injury or death. The difference matters, and the consequences can include a criminal record, county jail, state prison, restitution, and loss of driving privileges.
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Protect your freedom and your ability to drive before making decisions about an investigation or plea. Bring the citation, arrest report, court notice, FLHSMV letters, insurance correspondence, and available photographs to a free strategy session.
Let Albert Quirantes, Esq. Criminal DUI & Ticket Lawyers evaluate the evidence and explain how we can represent you. Text or Call: 305-644-1800. Because every case is different, legal fees are quoted by the attorney only after a thorough analysis of the facts, evidence, charges, and expected work.
At Albert Quirantes, Esq. Criminal DUI & Ticket Lawyers, we defend people accused of Leaving the Scene of a Crash and hit-and-run in Miami-Dade County. Our goal is to achieve dismissal of charges, a charge reduction, or acquittal whenever possible. Call or text 305-644-1800 for a free strategy session so we can discuss the accusation and how our firm can help.
We serve clients facing allegations in Miami, Miami Beach, Hialeah, Doral, Coral Gables, Homestead, North Miami, and surrounding communities. Early defense work can preserve surveillance video, locate witnesses, and test assumptions before they become the prosecution’s account of events.
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Florida treats property damage, injury, serious bodily injury, and death differently, with consequences that can include a criminal record, county jail, state prison, restitution, and loss of driving privileges.
At Albert Quirantes, Esq. Criminal DUI & Ticket Lawyers, we concentrate our practice in criminal defense. We defend drivers accused of leaving the scene of a crash in Miami-Dade, including Miami, Miami Beach, Hialeah, Doral, Coral Gables, Homestead, and North Miami. These cases are sometimes charged together with DUI or reckless driving counts arising from the same crash. Our goal is to achieve dismissal of charges, a charge reduction, or acquittal whenever possible, while protecting your driving privileges through the lawful options available.
If police have contacted you, left a business card, seized your vehicle, or issued a court notice, do not assume the case is only a traffic ticket. Bring the paperwork to a free strategy session. Text or Call: 305-644-1800.
Text or Call: 305-644-1800 for a free strategy session with an attorney. Legal fees are quoted by the attorney only after a thorough analysis of the facts, evidence, charges, and expected work, because every case is different.
Leaving the scene, commonly called hit and run, concerns a driver’s failure to perform required duties after a crash. Causing the collision and unlawfully leaving it are separate questions. A driver who did not cause the crash may still have duties to stop, identify himself or herself, and assist an injured person.
Under Florida Statute 316.027(2), the injury and death provisions apply to crashes on public or private property. A crash in a parking lot, garage, or driveway can lead to a felony charge.
Under Florida Statute 316.062, the duties include supplying your name, address, and vehicle registration number, showing an available driver license when requested, and providing reasonable assistance when someone is injured. Assistance can include arranging necessary medical transportation. Call 911 for an emergency and follow lawful safety instructions.
The law does not require you to remain in an unnecessarily dangerous traffic lane. Moving a damaged vehicle out of traffic is different from abandoning the scene without fulfilling your duties. Do not confuse exchanging insurance information, calling your insurer, or making a later report with satisfying every statutory requirement.
1
Not every post-crash violation is itself a crime. Florida Statute 316.062(4) classifies a violation of that section as a noncriminal, nonmoving traffic infraction. Failure to make a required immediate crash report under Florida Statute 316.065(1) is also noncriminal. Since October 1, 2026, that immediate report is required for a crash involving injury, death, or apparent property damage of at least $2,000, up from $500. The higher reporting threshold does not give anyone permission to leave a minor crash. The duties to stop and exchange information still apply no matter how small the damage. These provisions do not prevent prosecution under a separate criminal leaving-scene statute when its elements are present. We identify the actual conduct and appropriate charge before discussing a possible reduction.
2
An attended vehicle or property has a driver, occupant, or other person present attending it. Under Florida Statute 316.061(1), a driver involved in a property-damage-only crash must stop at or as close as possible to the scene, return when necessary, and remain until the required information is supplied. A violation is a second-degree misdemeanor, not simply a civil ticket.
There is no minimum repair bill in this provision that makes leaving permissible. A low-speed collision can support a charge even when damage appears minor. We examine whether there was actual damage, who was driving, whether the property was attended, and what the driver did afterward.
Moving a damaged vehicle out of the travel lanes when it is safe to do so is not leaving the scene. The law requires drivers to avoid blocking traffic more than necessary, and a driver is not considered at fault for the crash solely because the vehicle was moved. The driver must still remain nearby, or return, and complete the information duties.
3
Florida Statute 316.063(1) applies to damaged unattended vehicles and property. The driver must stop, locate and notify the owner or operator, or securely leave a conspicuous written notice containing the required name, address, and vehicle registration information. The statute also requires notifying the nearest authorized police office without unnecessary delay. Leaving a note does not eliminate that reporting requirement.
A violation is a second-degree misdemeanor. Parking garages, shopping centers, apartment complexes, fences, and other private-property locations can raise these issues. Photograph the damage and preserve communications rather than assuming a private payment ends the criminal matter.
A note can become part of the State’s case instead of a defense. A note with no usable identifying information, one placed where it is unlikely to stay, or one that is not followed by the required police notification may be used as evidence. We examine what was written, where it was placed, whether weather or another person removed it, and what notification actually occurred.
4
Willfully leaving a crash involving a non-serious injury is a third-degree felony under Florida Statute 316.027(2)(a). Even an injury described initially as minor can change a case from a misdemeanor to a felony. The medical evidence and the prosecution’s proof of the required knowledge deserve careful review.
5
Under Florida Statute 316.027(1), serious bodily injury means an injury that creates a substantial risk of death, serious personal disfigurement, or protracted loss or impairment of the function of a bodily member or organ. It is a legal standard, not merely a label in an arrest report.
Willfully leaving a crash involving that level of injury is a second-degree felony under Florida Statute 316.027(2)(b). We examine hospital records, imaging, prognosis, and medical testimony to determine whether the evidence establishes the charged degree.
6
Willfully leaving a crash resulting in death is a first-degree felony under Florida Statute 316.027(2)(c). A fatal collision requires immediate attention to the reconstruction, identification, knowledge, medical evidence, and sentencing issues. A fatal crash can also lead to a separate vehicular homicide charge, which carries its own elements and penalties. The four-year mandatory minimum and limited departure provision are explained below.
7
Willfully leaving a crash resulting in death is a first-degree felony under Florida Statute 316.027(2)(c). A fatal collision requires immediate attention to the reconstruction, identification, knowledge, medical evidence, and sentencing issues. A fatal crash can also lead to a separate vehicular homicide charge, which carries its own elements and penalties. The four-year mandatory minimum and limited departure provision are explained below.
The ordinary maximums below follow Florida Statute 775.082 and Florida Statute 775.083, together with the offense provisions above. These are not predictions or a substitute for a full sentencing calculation.
| Crash allegation | Classification | Ordinary incarceration maximum | Ordinary fine maximum |
|---|---|---|---|
| Property damage only, attended or unattended | Second-degree misdemeanor | 60 days in county jail | $500 |
| Injury other than serious bodily injury | Third-degree felony | 5 years in state prison | $5,000 |
| Serious bodily injury | Second-degree felony | 15 years in state prison | $10,000 |
| Death | First-degree felony | 30 years in state prison | $10,000 |
Court costs, statutory assessments, and restitution are separate from these ordinary fines. The attended-property statute also adds $5 to a fine imposed under that section. A higher fine may be authorized, including up to double the financial gain or victim’s loss under Florida Statute 775.083(1)(f). Additional counts, qualifying prior convictions, and applicable sentencing provisions can increase exposure. Probation, community control, treatment, community service, and restrictions may be part of a lawful resolution. Community control is intensive court-ordered supervision, often involving home confinement.
A mandatory minimum is a prison term the judge must impose when the statute’s conditions are met, unless a specific legal exception authorizes a lower sentence. It differs from the maximum sentence and from the scoresheet calculation.
Florida Statute 316.027(2)(c) ordinarily requires a mandatory minimum of four years in state prison for a conviction involving death. It is not limited to drivers accused of DUI. The fatal hit-and-run provision also requires four years in state prison when the violation was committed while driving under the influence.
There is a narrow exception. Under Florida Statute 316.027(2)(g), a defendant may request departure from that mandatory minimum unless the violation was committed while driving under the influence. The prosecutor may object. The judge must find circumstances clearly showing that imposing the minimum would cause an injustice and state the basis in open court.
This is not automatic relief for a first offense, remorse, employment, or payment to the family. We develop supported evidence when the exception may apply. Reducing the statutory mandatory minimum does not by itself resolve a separate scoresheet minimum. A departure is a legally authorized sentence below an otherwise applicable sentencing floor.
The injury and serious-bodily-injury leaving-scene provisions do not themselves impose the same four-year mandatory minimum. A state prison sentence can nevertheless be required by the scoresheet or another applicable law.
Florida’s Criminal Punishment Code, often called the sentencing guidelines, uses a scoresheet to calculate the lowest permissible sentence. It accounts for the primary offense, additional offenses, prior record, legally supported victim-injury points, and other factors. A clean record does not necessarily mean probation is available without a departure.
Under Florida Statute 921.0022, the ordinary rankings are Level 5 for injury, Level 6 for serious bodily injury, and Level 7 for death. Under Florida Statute 921.0024, those primary offenses begin with 28, 36, and 56 points, respectively, before other scoring.
When total sentence points exceed 44, the basic calculation is total points minus 28, multiplied by 0.75, producing months in state prison. At 44 points or fewer, a nonstate-prison sanction may be available under the Code, subject to applicable mandatory minimums and other laws. A judge can still impose a lawful state prison sentence. The applicable statutory minimum can control even when the scoresheet calculation is lower.
Victim-injury points require particular care. Under Florida Statute 921.0021(7)(e), they may be assessed in a leaving-scene case if the court finds that the defendant caused the injury. We examine causation, the severity assigned, and required findings rather than automatically accepting points merely because the crash involved injury or death.
A vulnerable road user is a person in a category the statute protects, including pedestrians, cyclists, motorcyclists, and certain other roadway users. Under Florida Statute 316.027(2)(f), that finding raises the offense’s sentencing ranking by one level. It is not the same as changing the felony degree.
We audit the scoresheet and evaluate lawful mitigation under Florida Statute 921.0026. Potential departure grounds require evidence and legal analysis. They do not automatically override an independent mandatory minimum.
A conviction for leaving a crash involving injury, serious bodily injury, or death requires driver license revocation for at least three years under Florida Statute 322.28(4)(b). Revocation removes the driving privilege; it is not permission to keep driving until the physical card expires.
Full reinstatement also requires the applicable victim impact panel or approved vulnerable-road-user course under Florida Statute 316.027(2)(e). Completion does not erase the revocation, guarantee a hardship license, or satisfy unrelated holds.
FLHSMV may take administrative action independently of the final criminal disposition under Florida Statute 322.27. Bring every suspension or revocation notice promptly so we can identify the order, deadlines, and available review.
A property-damage-only charge does not trigger the same automatic three-year revocation provision. However, Florida Statute 322.27(3)(d)2. assigns six points for leaving a crash involving more than $50 in property damage. That figure is a points rule, not a minimum damage requirement for the criminal offense.
Your existing record matters. The same statute provides point-based suspension periods of up to 30 days for 12 points in 12 months, up to three months for 18 points in 18 months, and up to one year for 24 points in 36 months. We review all tickets and dispositions together rather than treating one citation in isolation. A revocation or suspension that follows a hit-and-run conviction can also expose you to a separate charge for driving with a suspended license if you drive before reinstatement.