Florida Hit and Run Lawyer
Being accused of a hit and run offense in Florida can have severe consequences for your freedom, driving privileges, and future opportunities. When facing these serious charges, you need an experienced Florida hit and run lawyer who understands the complexities of state traffic laws and criminal defense strategies. At the Law Office of Daniel J. Fernandez, P.A., we provide aggressive representation for clients throughout Florida who are facing hit and run allegations in both state and federal courts.
With over 43 years of experience and more than 500 successful trials, Daniel J. Fernandez has the proven track record necessary to protect your rights and fight for the best possible outcome in your case. As a former prosecutor, he understands the tactics used by the state and knows how to build an effective defense strategy for hit and run charges.
Understanding Florida Hit and Run Laws
Florida Statute 316.061 requires drivers involved in any traffic crash to remain at the scene and provide specific information. The law distinguishes between different types of hit and run offenses based on the severity of the incident. Understanding these distinctions is crucial for building an effective defense strategy.
Hit and run involving property damage only is typically charged as a second-degree misdemeanor, punishable by up to 60 days in jail and fines up to $500. However, the penalties become significantly more severe when injuries or fatalities are involved. Hit and run resulting in injury is a third-degree felony, carrying penalties of up to five years in prison and $5,000 in fines.
The most serious hit and run charges occur when a fatality results from the incident. These cases are prosecuted as first-degree felonies, with potential sentences of up to 30 years in prison. Additionally, Florida law requires mandatory minimum sentences for certain hit and run convictions, making experienced legal representation essential.
Beyond criminal penalties, hit and run convictions result in automatic driver’s license revocation. The length of revocation varies based on the severity of the charges, ranging from six months for property damage cases to permanent revocation for fatal hit and run convictions. These administrative penalties occur separately from criminal proceedings and require immediate attention to protect your driving privileges.
Common Defenses for Hit and Run Charges
Successfully defending hit and run charges requires a thorough understanding of Florida law and the specific circumstances surrounding each case. Our experienced legal team analyzes every aspect of your situation to identify potential defenses and weaknesses in the prosecution’s case.
One common defense involves challenging the requirement to remain at the scene. Florida law only requires drivers to stay when they know or should have reasonably known that an accident occurred. If you genuinely were unaware that a collision happened, this may provide a valid defense. This situation often arises in minor parking lot incidents or when debris causes damage without the driver’s knowledge.
Identity issues frequently arise in hit and run cases, particularly when the alleged driver was not present when law enforcement arrived. The prosecution must prove beyond a reasonable doubt that you were operating the vehicle at the time of the incident. Witness testimony, surveillance footage, and physical evidence all play crucial roles in establishing identity, and experienced attorneys know how to challenge unreliable identification evidence.
Emergency circumstances may also justify leaving the scene of an accident. Florida courts have recognized that drivers facing immediate threats to their safety or the safety of others may have legitimate reasons for departing the scene. These cases require careful documentation and presentation of the emergency circumstances to the court.
Challenging the reliability of witness testimony and physical evidence forms another important defense strategy. Traffic accidents often occur quickly, and witnesses may be mistaken about what they observed. Additionally, law enforcement investigations sometimes overlook alternative explanations for physical evidence or fail to properly preserve crucial evidence.
The Investigation Process and Your Rights
Hit and run investigations in Florida typically begin immediately after law enforcement receives notice of the incident. Officers collect evidence from the scene, interview witnesses, and often issue BOLO alerts for suspected vehicles. Understanding this process helps protect your rights and avoid making statements that could harm your defense.
Law enforcement agencies throughout Florida, including the Florida Highway Patrol and local police departments, use various investigative techniques to identify hit and run suspects. These may include analyzing paint transfer, examining traffic cameras, and canvassing businesses for surveillance footage. In Tampa, areas like Westshore Boulevard, Dale Mabry Highway, and the downtown corridor have extensive camera coverage that investigators frequently review.
If you become aware that you may be suspected in a hit and run investigation, contacting an experienced attorney immediately is crucial. You have the right to remain silent and the right to legal representation, even during the investigation phase. Making statements to law enforcement without legal counsel present often provides prosecutors with evidence they use against you later.
The timing of when authorities contact you can significantly impact your case. Sometimes investigations take weeks or months to identify suspects, during which time crucial evidence may be lost or witness memories may fade. An experienced hit and run defense attorney can use these delays to challenge the reliability of the prosecution’s evidence.
Search warrants for vehicles and property are common in serious hit and run cases. These warrants must meet specific legal requirements, and evidence obtained through improper searches may be excluded from your case. Our legal team carefully reviews all search procedures to ensure your constitutional rights were protected throughout the investigation.
Florida Hit and Run FAQs
What should I do if I’m contacted by police about a hit and run?
Exercise your right to remain silent and request an attorney immediately. Do not provide statements or consent to searches without legal representation present. Contact an experienced criminal defense lawyer as soon as possible to protect your rights throughout the investigation process.
Can I be charged with hit and run if I didn’t know an accident occurred?
Florida law requires that you knew or should have reasonably known that an accident occurred. If you genuinely were unaware of the incident, this may provide a valid defense. However, the prosecution will argue that a reasonable person would have known, making experienced legal representation crucial for presenting this defense effectively.
What are the penalties for hit and run in Florida?
Penalties vary based on the severity of the incident. Property damage cases are typically second-degree misdemeanors with up to 60 days in jail. Injury cases are third-degree felonies with up to five years in prison. Fatal hit and run charges are first-degree felonies carrying up to 30 years in prison, plus mandatory minimum sentences in many cases.
Will I lose my driver’s license for a hit and run conviction?
Yes, Florida law requires automatic license revocation for hit and run convictions. The revocation period ranges from six months for property damage cases to permanent revocation for fatal incidents. These administrative penalties are separate from criminal penalties and require immediate legal attention.
Can hit and run charges be reduced or dismissed?
Yes, with proper legal representation, hit and run charges can sometimes be reduced or dismissed. Success depends on factors such as the strength of the evidence, procedural violations, and the specific circumstances of your case. An experienced attorney can evaluate your situation and develop the most effective defense strategy.
What if I was scared and left the scene but want to do the right thing now?
Contact an attorney before speaking with law enforcement or attempting to resolve the situation on your own. While cooperating may be beneficial, making statements without legal counsel can harm your case. An experienced lawyer can facilitate communication with authorities while protecting your rights.
How long does the state have to file hit and run charges?
Florida’s statute of limitations for hit and run charges depends on the classification of the offense. Misdemeanor charges must typically be filed within two years, while felony charges have longer limitation periods. However, these timeframes can be complex, and an attorney can evaluate the specific deadlines that apply to your situation.
Serving Throughout Florida
- Tampa
- St. Petersburg
- Clearwater
- Brandon
- Lakeland
- Plant City
- Sarasota
- Bradenton
- New Port Richey
- Largo
Contact a Florida Hit and Run Attorney Today
If you’re facing hit and run allegations anywhere in Florida, don’t wait to seek experienced legal representation. The Law Office of Daniel J. Fernandez, P.A. has successfully defended clients in over 500 criminal trials, including complex traffic-related offenses throughout the state. With recognition as one of Tampa’s top criminal defense attorneys by Tampa Magazine’s Best Lawyers Edition, our firm provides the aggressive advocacy you need during this challenging time. Contact our office today for a free consultation to discuss your case and learn how an experienced Florida hit and run attorney can protect your rights and fight for your future.