Under Florida law, leaving the scene of an accident is committed when a person comes into contact with another’s property and then flees the scene without providing their name, address, vehicle registration information, and driver’s license. If the property owner is not present or cannot be located, you must contact the nearest law enforcement agency and provide your name, address, vehicle registration information, and driver’s license. In addition to the defenses that may be raised before a trial and during a trial in any criminal case, there are some typical defenses to the crime of leaving the scene of an accident. These include:
Lack of Understanding
Although it probably goes without saying, being aware of the accident is a necessary component because one cannot “willfully” leave an accident without being aware that one has happened. Usually, when someone is backing up, they hit a car very slightly but don’t feel the impact. One could contend that they weren’t aware they had ever hit another vehicle in this situation.
Physically Impossible to Report
You are exempt from having to provide the property owner with your name, address, registration information, and driver’s license if the accident or injury left you physically unable to report it and rendered you unable to do so.
No Damage to Property
If you collide with an object that wasn’t damaged, like a tree or a curb, it’s legal to leave the scene. Despite this, many police officers will continue to detain suspects and file charges of leaving the scene of an accident against them if they collide with undamaged property.
If you have been charged with leaving the scene of an accident in Florida, contact a Miami traffic ticket lawyer at Hochman & Goldin today.
Questions about other traffic violations? Contact a red light camera violation attorney.