Fighting Hit and Run Charges in Florida
Strategic Defense for Leaving the Scene of an Accident (LSOA)
Former Trooper & Deputy | Protecting Your Record & Freedom
Get a Free LSOA Case ReviewUnderstanding Leaving the Scene of a Crash / Hit and Run in Florida
Leaving the Scene of an Accident, commonly referred to as "hit and run," is a serious criminal offense under Florida law. It occurs when a driver unlawfully departs from the site of a motor vehicle crash. Depending on the circumstances, particularly whether the accident resulted in property damage, injury, or death, a conviction can lead to significant misdemeanor or felony penalties.
If you've been accused of hit and run, it's crucial to understand your legal obligations and the elements the state must prove. An experienced attorney can mean the difference between a conviction and a dismissal or reduced charge.
Your Legal Duties After a Crash in Florida
Accidents Involving Only Property Damage (Attended Vehicle/Object)
If a crash results only in damage to another vehicle or property that is attended by someone, Florida law requires you to:
- Immediately stop your vehicle at the scene or as close as possible.
- Notify the operator or owner of the other vehicle/property of your name, address, and vehicle registration number.
- Exhibit your driver’s license, if requested.
- Provide your information to any investigating police officers.
- If the other driver or person is not in a condition to receive the information, you must report the crash to the nearest police authority.
Crashes Involving Unattended Vehicles or Property
If you collide with an unattended vehicle or property, you must:
- Immediately stop.
- Locate and notify the owner/operator, OR
- Attach securely in a conspicuous place on the property a written notice giving your name, address, and registration number.
- Without unnecessary delay, notify the nearest office of a duly authorized police authority.
Crashes Involving Death or Personal Injuries
In accidents resulting in injury or death, your duties are heightened:
- Give identifying information: your name, address, vehicle registration number, and, if available and requested, exhibit your driver’s license.
- Render "reasonable assistance" to any injured person. This includes making arrangements for carrying such person to a medical facility if it is apparent that treatment is necessary or if such carrying is requested by the injured person.
What the State Must Prove for a Hit and Run Conviction
To secure a conviction for Leaving the Scene of a Crash, the State of Florida must prove the following four factual elements beyond a reasonable doubt at trial:
- The defendant was the driver of a vehicle involved in a crash resulting in injury to or death of any person, or resulting in property damage to another person.
- The defendant knew or should have known that he or she was involved in a crash.
- The defendant knew or should have known of the injury to or death of the other person, or of the property damage caused to another.
- The defendant willfully failed to stop at the scene of the crash (or as close as possible) and remain there until they had given identifying information, OR the defendant failed to render "reasonable assistance" to an injured person if necessary or requested.
The term "willfully" means purposefully and intentionally. This is a key element that the prosecution must establish.
Specific variations exist for charges involving only damage to an attended vehicle/property versus an unattended vehicle/property, primarily focusing on whether the property was driven or attended by someone at the time.
Key Legal Definitions in Florida Hit and Run Cases
Vehicle
Every device by which person/property may be transported/drawn on a highway (excluding personal delivery devices, mobile carriers, and devices on stationary rails/tracks).
Driver / Operator
Any person driving or in actual physical control of a vehicle on a highway, or steering a towed vehicle.
Willfully
Purposefully and intentionally.
Identifying Information
Name, address, vehicle registration number, and, if available/requested, exhibition of driver’s license.
Street or Highway
Entire width between boundary lines of any way open to public vehicular traffic, or publicly maintained way open to public vehicular traffic.
Vulnerable Road User
Includes pedestrians, cyclists, those riding animals, or operating farm tractors, skateboards, roller-skates, etc., lawfully on a roadway/shoulder. An accident involving a vulnerable road user can lead to enhanced penalties.
Penalties for Leaving the Scene in Florida
The penalties for a hit and run conviction in Florida are severe and depend on the harm caused.
Accidents Involving Only Property Damage
- Classified as a second-degree misdemeanor.
- Up to 60 days in jail.
- Up to a $500 fine.
Accidents Involving Injury
- Classified as a third-degree felony.
- Up to 5 years in prison or 5 years of probation.
- Up to a $5,000 fine.
Accidents Involving Death
- This is a very serious felony offense, often charged as a first-degree felony depending on specific statutes like F.S. 316.027(2)(c).
- Penalties can include up to 30 years in prison and a $10,000 fine.
- May involve mandatory minimum prison sentences under certain conditions.
Body Worn Camera (BWC) Footage & Advanced Video Analysis
Why Professional Video Software Matters in Criminal Defense
Over the past few years we've seen an increase in the video evidence related to hit and run cases. Intersection cameras, Ring Cameras, Body Cam, Dash Cam, Cell phone Video - we see video evidence come in all sizes and packages. These videos often provide a visual record that can either corroborate or contradict our defense of the case.
Merely watching the video isn't enough. A thorough defense requires meticulous analysis. At Lotter Law, we go beyond simply viewing the footage. We utilize professional video editing software, specifically Adobe Premiere Pro, to conduct in-depth analysis of BWC recordings.
Leveraging Jeff Lotter's experience from being on the "other side" of the camera, combined with detailed video analysis using industry-standard tools, allows us to uncover details that can be crucial to challenging the State's evidence and building a robust defense for your DUI case.
Potential Defenses to Hit and Run Charges
An arrest for LSOA does not automatically mean a conviction. Several defenses and strategic approaches can be used to contest the charges or mitigate penalties.
Identity of the Driver
The State must prove you were the one driving the vehicle at the time of the crash. If identification is uncertain, this can be a strong defense.
Lack of Knowledge of Crash
If you genuinely did not know a crash occurred (e.g., very minor impact, loud environment), you may not have the required "knowledge" element.
Lack of Knowledge of Damage/Injury
Even if you knew of an impact, if you reasonably didn't know it caused damage or injury, this could negate an essential element of the crime.
Failure to Stop Was Not Willful
If circumstances beyond your control prevented you from stopping (e.g., medical emergency, unsafe area to stop immediately), your actions may not have been "willful."
Stopped as Close as Possible
The law allows stopping "as close thereto as possible." If you moved a short distance for safety before stopping and fulfilling duties, this may be a defense.
Refusal to Receive Information
If the other party refused your attempts to provide identifying information, it may be a defense to not remaining longer.
Belligerent Party / Safety Concerns
If the other driver became aggressive or threatening, leaving the immediate scene to call police from a safe location could be justifiable.
Reasonable Assistance Rendered
For injury cases, if the assistance you provided was "reasonable" under the circumstances, even if not everything possible, it could be a defense.
Hiring an experienced attorney is critical. We can analyze the specifics of your case, advise you on interactions with police, and build a defense strategy aimed at achieving the best possible outcome.
Restitution in Florida Hit and Run Cases
A common question is whether a driver convicted of Leaving the Scene of an Accident will have to pay restitution for the damages or injuries caused by the initial crash.
Generally, restitution is not available to the other driver or property owner in a Leaving the Scene of an Accident case for the initial damages. This is because the criminal act is *leaving the scene*, not *causing the accident*. The damages from the crash itself would have occurred regardless of whether the driver stayed or left. Florida appellate courts have consistently upheld this principle.
Exception: Restitution might be awarded if there is specific evidence that the victim's injuries were exacerbated (made worse) by the lack of immediate assistance due to the defendant's failure to remain at the scene and render aid. Proving this connection can be challenging.
While criminal restitution for the accident damages is unlikely, the at-fault driver can still be held liable for damages in a separate civil lawsuit.
Why Lotter Law for Your Hit and Run Defense?
Successfully defending against a Leaving the Scene of an Accident charge requires a deep understanding of Florida traffic laws, accident reconstruction principles, and prosecutorial tactics. Lotter Law offers a unique advantage:
Former Law Enforcement Insight
Jeff Lotter's background as a Florida State Trooper and Deputy Sheriff means he understands how LSOA cases are investigated from the ground up. He knows what officers look for, common errors in reports, and how to effectively challenge the State's evidence regarding driver identification, knowledge of the crash, and willfulness.
Strategic Evidence Analysis
We meticulously analyze all available evidence, including witness statements, police reports, 911 calls, surveillance footage (if any), and vehicle damage. Our goal is to find inconsistencies and weaknesses in the prosecution's case, particularly concerning the crucial elements of knowledge and intent.
If you're facing an LSOA charge, don't delay. The actions you take (or don't take) early on can significantly impact your case. Let Lotter Law put its experience to work for you.
Frequently Asked Questions About Florida Hit and Run Laws
You must stop, provide your name, address, registration number, and driver's license (if requested) to the other party or police. If there are injuries, you must also render reasonable assistance. For unattended property, you must notify the owner or leave a note and report to police. Failing these duties can lead to LSOA charges.
Lack of knowledge can be a defense. The State must prove you knew or *should have known* you were in a crash and that there was damage or injury. If the impact was very minor or circumstances made it difficult to realize, this element might not be met.
Penalties vary: property damage only is a 2nd-degree misdemeanor (up to 60 days jail, $500 fine). Injury is a 3rd-degree felony (up to 5 years prison, $5,000 fine). Death can be a 1st-degree felony with severe prison time (e.g., up to 30 years) and fines.
Generally, no, not as part of the *criminal* LSOA case for the initial accident damages. Restitution in an LSOA case is usually denied because the act of leaving didn't cause the initial damages. However, if your leaving worsened injuries, some restitution might be ordered. You could still be sued civilly for the damages.
This can be a defense. If the other party's belligerence created a reasonable fear for your safety, leaving the immediate scene to call the police from a safe location might be considered justifiable and not a "willful" failure to remain.
An attorney can analyze the evidence, identify weaknesses in the State's case (like proving you were the driver or knew about the crash/damage), negotiate with prosecutors, advise you on statements to police, and present defenses effectively in court. The consequences are too high to face LSOA charges alone.
Meet Our Dedicated Team
Jeff Lotter
Attorney | Founder
An experienced Orlando attorney, Jeff brings more than two decades of front-line law enforcement and legal experience to every case. As a former Florida State Trooper and Deputy Sheriff, he offers clients a powerful advantage: insider knowledge of police procedures and prosecution strategies. Now solely dedicated to criminal defense, Jeff—a Military Veteran—approaches the courtroom as a battlefield. You, the client, are the General; Jeff is the battlefield commander executing your mission. Grounded in his Christian faith and committed to protecting freedom, Jeff sees every case as an opportunity to push back against government overreach and defend the individual against unjust intrusion. Married for over 20 years with two children, he brings the same unwavering dedication to protecting your rights as he does to his own family.
Stacy Sanchez
Senior Legal Assistant
Since beginning her legal career in 2014, Stacy has brought unwavering dedication to the field of criminal defense. She joined Lotter Law in 2021 and has since become an integral part of the team, known for her reliability, compassion, and sharp attention to detail. Originally from New York and raised in Orlando, Stacy blends tenacity with a warm, client-centered approach. Driven by a deep desire to help others, she believes every person deserves to be treated with dignity and respect—especially during some of the most difficult moments of their lives. Her strong family values guide her empathetic communication and relentless work ethic. With over a decade of experience and a genuine passion for criminal defense, Stacy continues to make a meaningful impact every day at Lotter Law.
Marissa Rodriguez
Legal Assistant
Born and raised in Orlando, Florida, Marissa joined the firm in 2022 with a strong passion for criminal defense. She has become a valued member of the team, known for her strong work ethic, and dedication to client service. Graduating at the top of her class, Marissa brings both academic excellence and practical experience to her role. Her hardworking and reliable nature ensures that every case is handled with care and precision.
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Law Office of Jeff Lotter PLLC
200 E Robinson St Suite 1140
Orlando, FL 32801
Serving Central Florida, including Orange County, Seminole County, and Osceola County.
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