Section 316.027, F.S., requires the driver of a vehicle involved in a crash occurring on public or private property and resulting in injury to or death of a person to immediately stop the vehicle at the scene of the crash, or as close thereto as possible, and remain at the scene until the driver fulfills the requirements of s. 316.062, F.S.
An attorney can help you deal with the investigating officer that might come knocking on your door and the insurance adjuster who will call you for a statement. Don't compound your initial mistake by trying to handle a criminal investigaiton for "hit and run" by yourself. Let us put our experience to work for you.
If you left the scene of a crash in West Palm Beach, FL, without stopping and remaining at the scene to exchange information then a criminal investigation has begun. After the criminal investigation begins, you have the right to remain silent and to let an experienced criminal defense attorney handle the case for you.
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Section 316.062, F.S., requires the driver of any vehicle involved in a crash resulting in injury to or death of any person or damage to any vehicle or other property driven or attended by any person to:
For crashes resulting in injury to a person, a driver found in willful violation of s. 316.027, F.S., can be charged with a third-degree degree felony punishable by a term of imprisonment not exceeding five years and a fine not exceeding $5,000.
Proof that the driver caused or contributed to causing injury to a person is not required for a conviction. See Lawrence v. State, 801 So.2d 293, 295 (Fla. 2d DCA 2001) and Kelly v. State, 987 So.2d 1237, 1239 (Fla. 2d DCA 2008).
The court can also impose, under certain circumstances, an extended term of imprisonment for:
Under Section 775.082, F.S., for crashes resulting in the death of a person, a driver found in willful violation commits a first degree felony punishable by a term of imprisonment up to 30 years, a possible additional fine up to $10,000, or imposition of an extended term of imprisonment under certain circumstances for certain offenders.
The prosecutor is not required to prove that the driver caused or contributed to causing the death of a person. Florida law does require a mandatory minimum term of imprisonment of two years if the violation occurs while driving under the influence of alcoholic beverages, certain chemical substances, or certain controlled substances when affected to the extent that the person’s normal faculties are impaired, or when the person has a 0.08 blood- or breath-alcohol level.
The Department of Highway Safety and Motor Vehicles (DHSMV) is required to revoke the driver’s license of a person convicted of a violation of s. 316.027, F.S.
Additionally, for a crash involving death or a bodily injury requiring transport to a medical facility, a convicted driver must also attend a driver improvement course approved by the DHSMV to maintain driving privileges. If a crash causes or results in the death of another person, the convicted person may also be required by the court to serve 120 community service hours in a trauma center or hospital that regularly receives victims of vehicle accidents.
This article was last updated on Friday, May 19, 2017.