Leaving the Scene of a DUI Accident in Florida
Can You Be Charged with DUI if You Leave the Scene?
Florida Statutes §316.062 explains the duty of drivers in the state to give information and/or render aid. Should a driver be involved in an accident of any kind – including a DUI accident – it is their responsibility to stop and give their name, address and the vehicle registration number to another person involved in the crash. This responsibility extends to crashes that result in serious bodily injury or death, as well as property damage.
The driver must also be able to exhibit their driver's license if requested. Should someone have been injured in the accident, the other party has the duty to render "reasonable assistance." This could mean transporting the person to receive medical treatment from a physician, surgeon or some form of medical facility.
Failure to exchange this information or to render aid is commonly known as a "hit and run." When done in conjunction with alleged drunk driving (DUI), the penalties can be severe.
What Kind of Charge Is “Leaving the Scene of an Accident?”
Leaving the scene of an accident is a serious charge in Florida. If it is compounded with the charge of vehicular homicide, the individual will be facing a serious felony charge that could change his or her life forever.
The bodily injury of the other person involved in the accident will very often determine whether or not the charge will be considered a felony or misdemeanor. Some judges will come down hard on crimes that involve leaving the scene of an accident due to the fact that they believe leaving someone that is seriously injured is a gross offense.
The offense is likely to be charged as a felony even if the other individual did not die at the scene of the accident, but suffered serious bodily injury or died as a result of the injuries later on.
In order for you to be convicted of the crime, the prosecution must prove that the accused was the driver of the vehicle, the accused knew (or should have known) that the accident occurred, as well as that the victim suffered injury or death victim. It must also be proven that the accused willfully failed to stop at or close to the scene or render "reasonable assistance" to the injured party.
Arrested for Leaving the Scene? Let Us Fight for You!
At The Law Offices of Jason K.S. Porter, P.A., we have helped countless individuals facing serious charges to overcome their penalties, reduce their charges, and even get them dismissed in some cases. Although it may seem that a conviction is inevitable, this is not necessarily the case. The attorney that you choose will have a marked impact on the outcome of your case.
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