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A car accident is stressful enough. Leaving one, even for a moment of panic or confusion, can turn an ordinary crash into a criminal charge that threatens your freedom, your driver’s license, and your record for years.
Prosecutors in Duval County treat these cases aggressively, and they often argue that leaving is itself proof of guilt, before you have had any chance to explain what actually happened. That framing puts drivers on the defensive from the very first day.
At Weldon Law Group, PLLC, our Jacksonville attorneys defend people accused of leaving the scene across Northeast Florida. Attorney Ian Weldon spent more than a decade as a trial lawyer in the Jacksonville Public Defender’s Office, and he knows how to investigate what really happened and hold the state to its burden of proof.
Florida law places specific duties on every driver involved in a crash, no matter who caused it. Even if the other driver was entirely at fault, leaving without meeting these duties can still be a crime.
After any accident, the law requires you to:
One point catches many people off guard: reporting the crash later does not replace these duties. You cannot leave first and call it in afterward. Florida courts have made clear that a driver must fulfill the on-scene obligations, including checking on anyone involved, before leaving for any reason.
Not every departure from an accident is a crime, and that distinction is where these cases are often won or lost. For the more serious charges, the state must prove that you knew, or reasonably should have known, that a crash and an injury occurred.
That knowledge requirement matters enormously. A violent nighttime collision may speak for itself, but a light bump in a crowded parking lot may not.
The severity of the charge also climbs sharply depending on what the crash caused, moving from a minor property-damage offense all the way to a serious felony when someone is hurt or killed. Penalties are also enhanced when the victim is a vulnerable road user, such as a pedestrian or cyclist.
Florida grades leaving the scene by the harm the crash caused, not by who was at fault. The charges come from Fla. Stat. §316.061 for property damage and Fla. Stat. §316.027 for injury or death.
Crash involved | Charge | Maximum penalty |
Property damage only | Second-degree misdemeanor | Up to 60 days in jail and a $500 fine |
Injury | Third-degree felony | Up to 5 years in prison and a $5,000 fine |
Serious bodily injury | Second-degree felony | Up to 15 years in prison and a $10,000 fine |
Death | First-degree felony | Up to 30 years in prison, with a 4-year mandatory minimum |
The mandatory minimum for a fatal crash is especially important. In a case involving a death, Florida law requires a minimum of four years in prison, and if the driver was also under the influence, an additional mandatory term applies. Because these are among the most serious felony charges in the state, the difference between charge levels can mean the difference between probation and decades in prison.
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The criminal sentence is only part of the picture. A conviction for leaving the scene carries its own driver’s license consequences, separate from anything a judge orders as punishment.
Any conviction involving injury or death triggers a mandatory license revocation of at least three years, and you generally cannot obtain a hardship license until you complete a required driver improvement course. A property-damage conviction does not carry that automatic revocation, but it can still add points and drive up insurance costs. Because a plea that saves jail time can quietly cost you years of driving, the license consequences have to be weighed in any resolution, and they connect directly to how Florida handles a license suspension.
People often confuse these two charges, but they are different offenses with different elements:
You can be charged with one, the other, or both from the same event. Fleeing and eluding carries its own serious penalties and its own defense, so it is important to identify exactly what the state is actually alleging.
An accusation is not proof, and these cases are frequently more defensible than they first appear. The right approach depends entirely on the facts of the crash and how the state built its case.
The most powerful defense in many hit-and-run cases is that you did not know a crash or an injury had occurred. Because the felony charges require proof of knowledge, a genuine lack of awareness, such as not realizing you clipped another vehicle in heavy traffic, can undercut the entire charge.
Since the state rarely has direct proof of what a driver knew, both sides often fight over the circumstances: damage photos, vehicle data, and surveillance video. Preserving that evidence early is one of the first things we do.
Depending on the case, other defenses may apply:
If you have already left the scene of a crash, what you do next can shape the entire case. The instinct to panic is understandable, but a few careful steps protect you:
Acting early, and with guidance, often opens options that disappear once the state has locked in its version of events.
A hit-and-run rarely exists in isolation. If alcohol or drugs were involved, the case can overlap with a DUI, which adds its own penalties and its own mandatory terms. For anyone who is not a U.S. citizen, a felony leaving-the-scene conviction can also carry immigration consequences, which our firm accounts for because we handle criminal and immigration matters together.
There is also a separate track to keep in mind. A crash that leads to criminal charges can bring a civil lawsuit for damages at the same time, handled independently of the criminal case. Coordinating a defense with both in view protects you on every front.
More than almost any other charge, leaving-the-scene cases turn on evidence that fades fast, and on a knowledge element the state has to prove but often cannot. That makes the first days after an arrest, or even before one, the most valuable. What we bring to a hit-and-run defense:
Question | Answer |
Do I have to stop even if the crash was not my fault? | Yes. Florida law requires every driver involved in a crash to stop and meet their legal duties, regardless of who caused it. Leaving because you believe the other driver was at fault does not excuse it and can still result in a charge. |
What if I only hit a parked car and no one was around? | You still have duties. If the owner is not present, the law requires you to leave your information or report the crash to the nearest law enforcement agency. Simply driving off can be charged as leaving the scene, even for minor damage. |
Can I report the accident to police later instead of stopping at the scene? | No. Reporting after the fact does not replace your duty to stop, provide information, and check on anyone involved at the time. Leaving first and calling later can still be a crime. |
What if I stopped but did not exchange information? | Stopping is only part of your duty. Florida law also requires you to provide your information and check on anyone involved, so leaving after a brief stop, without meeting those obligations, can still support a charge. What you did at the scene matters as much as whether you paused. |
Can I be charged if my car was involved but someone else was driving? | Possibly, but the state must prove you were the driver who left. Identity is a common and legitimate issue in these cases, and it is often where a defense begins. |
Can a hit-and-run charge be cleared from my record later? | It depends on the outcome. A charge that is dropped, dismissed, or resolved without a conviction may be eligible for sealing or expungement, while a conviction generally cannot be cleared. |
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