Tampa Leaving the Scene of an Accident Lawyer
When you’re facing charges for leaving the scene of an accident in Tampa, the consequences can be severe and life-altering. At the Law Office of Daniel J. Fernandez, P.A., we understand that these situations often involve panic, confusion, or circumstances beyond your control. With over 43 years of experience and more than 500 successful trials, our Tampa criminal defense team provides aggressive representation to protect your rights and future when you’re accused of hit-and-run or leaving the scene of an accident.
Leaving the scene of an accident charges in Florida carry serious penalties including license suspension, hefty fines, and potential jail time. Our experienced criminal defense attorneys have successfully defended clients throughout Hillsborough County and understand the prosecution tactics used in these cases. We provide relentless advocacy from the moment charges are filed through the final resolution of your case.
Understanding Florida’s Leaving the Scene Laws
Florida Statute 316.062 requires all drivers involved in accidents to remain at the scene and fulfill specific legal obligations. The severity of charges depends on whether the accident involved property damage only, bodily injury, or death. For accidents involving only property damage, leaving the scene is typically charged as a second-degree misdemeanor punishable by up to 60 days in jail and a $500 fine.
When bodily injury is involved, the charge escalates to a third-degree felony carrying up to five years in prison and a $5,000 fine. If the accident results in death, leaving the scene becomes a first-degree felony with potential penalties of up to 30 years in prison. Additionally, your driver’s license will be revoked for a minimum of three years, with longer revocations for more serious cases.
The prosecution must prove several elements beyond a reasonable doubt, including that you knew or reasonably should have known that an accident occurred, that you were the driver of the vehicle involved, and that you willfully failed to comply with the statutory requirements. Our Tampa criminal defense team thoroughly investigates these elements to build the strongest possible defense strategy.
Common Defenses for Hit and Run Charges
Many viable defenses exist for leaving the scene of an accident charges. One of the most common is lack of knowledge that an accident occurred. In busy areas like downtown Tampa near the Tampa Convention Center or along Bayshore Boulevard, minor contact between vehicles might go unnoticed, especially during heavy traffic or adverse weather conditions.
Another defense involves proving you were not the driver at the time of the accident. This defense requires careful investigation and often involves challenging witness identifications or questioning the reliability of surveillance footage from businesses along corridors like Dale Mabry Highway or Fletcher Avenue.
In some cases, we can demonstrate that our client attempted to comply with the law but was unable to do so due to circumstances beyond their control. For example, if stopping would have created a safety hazard on busy roadways like Interstate 275 or the Crosstown Expressway, or if the client left to seek immediate medical attention for serious injuries.
Physical impossibility is another defense we may pursue. If mechanical failure prevented the vehicle from stopping safely, or if the driver was physically incapacitated due to injuries sustained in the accident, these factors can significantly impact the case outcome.
The Investigation Process and Building Your Defense
Our criminal defense team begins working immediately to preserve crucial evidence and build your defense. We conduct thorough investigations that often reveal facts the prosecution overlooks or misinterprets. This includes reviewing all available surveillance footage from traffic cameras, nearby businesses, and residential security systems throughout the Tampa Bay area.
We examine the accident scene thoroughly, taking photographs and measurements that may contradict the prosecution’s version of events. Weather conditions, road construction, visibility issues, and traffic patterns all play crucial roles in understanding what actually occurred. Our team has extensive experience investigating accidents on Tampa’s most traveled roads, from Fowler Avenue near the University of South Florida to Westshore Boulevard in the business district.
Witness statements require careful scrutiny, as eyewitness testimony is often unreliable, especially in high-stress situations. Our attorneys know how to challenge inconsistent statements and highlight factors that may have affected a witness’s ability to accurately observe and remember events.
We also work with accident reconstruction experts when necessary to demonstrate alternative theories about how the accident occurred or to show that our client’s actions were reasonable under the circumstances. This technical expertise has proven invaluable in many of our successful trial defenses.
Tampa Leaving the Scene of an Accident FAQs
What should I do if I’m contacted by police about a hit and run accident?
Exercise your right to remain silent and contact our criminal defense team immediately. Do not provide statements to police without an attorney present, as anything you say can be used against you later. Even seemingly innocent explanations can be twisted by prosecutors to support their case.
Can I be charged if I didn’t know an accident occurred?
Florida law requires that you knew or reasonably should have known an accident occurred. If you genuinely had no knowledge of the accident, this can be a valid defense. However, proving lack of knowledge requires skilled legal representation and thorough investigation.
What happens to my driver’s license if I’m convicted?
License revocation is mandatory upon conviction for leaving the scene of an accident. The revocation period ranges from three years for property damage cases to permanent revocation in death cases. Our attorneys work to avoid conviction and protect your driving privileges.
How long does the prosecution have to file charges?
The statute of limitations for leaving the scene charges varies based on the severity. Misdemeanor cases must be filed within two years, while felony cases involving injury or death have longer limitation periods. However, waiting to seek legal representation can harm your defense.
Can surveillance video from nearby businesses help my case?
Video evidence can be crucial in hit and run cases, either supporting your defense or contradicting prosecution claims. Our team works quickly to identify and preserve video footage before it’s deleted, as many businesses only retain footage for limited periods.
What if I left the scene but reported the accident later?
While reporting the accident later may demonstrate good faith, it doesn’t automatically prevent prosecution. However, it can be a mitigating factor that our attorneys use to negotiate better outcomes or present to a jury as evidence of your character.
How can an attorney help if there’s strong evidence against me?
Even with strong evidence, skilled legal representation can often achieve better outcomes through plea negotiations, challenging evidence admissibility, or presenting mitigating circumstances. Our 43 years of experience includes successfully defending cases that initially appeared difficult to win.
Serving Throughout Tampa
- Hyde Park
- Westshore
- South Tampa
- Downtown Tampa
- Ybor City
- New Tampa
- Carrollwood
- Seminole Heights
- Davis Islands
- Tampa Palms
Contact a Tampa Hit and Run Defense Attorney Today
If you’re facing leaving the scene of an accident charges in Tampa, don’t wait to seek experienced legal representation. The Law Office of Daniel J. Fernandez, P.A. provides aggressive criminal defense with a proven track record of success. Our Tampa hit and run defense attorney understands the local court system, from the Hillsborough County Courthouse to the various municipal courts throughout the area. We’ve successfully represented over 500 clients in trial and maintain a perfect five-star rating on Google from satisfied clients. Contact our office immediately for a free consultation to discuss your case and learn how we can protect your rights and future.