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Leaving the Scene of an Accident Involving Death, Failure to Stop

Leaving the scene of an accident involving death is a serious offense under Florida law. This section will provide an overview of the legal implications, including the specific statutes that govern these cases. Understanding the severity of the charges and the potential penalties is crucial for anyone facing such allegations.

Florida Statutes Governing Leaving the Scene of an Accident

The primary statute that addresses leaving the scene of an accident involving death is Florida Statute 316.027. This law mandates that drivers involved in an accident resulting in death must stop immediately and remain at the scene. Failure to comply can result in severe penalties, including felony charges.

What is Florida Statute 316.027? Florida Statute 316.027 governs the legal requirements for drivers involved in accidents resulting in death, mandating immediate stopping and remaining at the scene.

According to the statute, the driver must fulfill the requirements of Section 316.062, which involves providing information and rendering aid. Violating this statute is considered a first-degree felony, punishable as provided in Section 775.082, Section 775.083, or Section 775.084.

The statute also outlines specific conditions and penalties for various scenarios:

  • Injury to a person other than serious bodily injury: The driver must stop and remain at the scene. Failure to comply results in a third-degree felony.
  • Serious bodily injury: The driver must stop and remain at the scene. Failure to comply results in a second-degree felony.
  • Death of a person: The driver must stop and remain at the scene. Failure to comply results in a first-degree felony with a mandatory minimum term of imprisonment of 4 years.

It is important to note that the term “serious bodily injury” is defined under the statute as an injury that creates a substantial risk of death, serious disfigurement, or protracted loss or impairment of the function of any bodily member or organ. For more information on related offenses, visit our serious bodily injury page.

Moreover, the statute places significant emphasis on the protection of vulnerable road users, including pedestrians, cyclists, and motorcyclists. If the victim is a vulnerable road user, the offense is ranked one level above the specified ranking for the committed offense. For further details on traffic crimes, explore our traffic crimes defense lawyer page.

In addition to criminal penalties, the statute mandates restitution to the victim for any damage or loss, which can be monetary or nonmonetary. The court shall make the payment of restitution a condition of probation. For a comprehensive understanding of restitution requirements, visit our traffic homicide investigations page.

What is considered a vulnerable road user? A vulnerable road user includes pedestrians, cyclists, motorcyclists, and others who are at greater risk in traffic incidents.

Drivers convicted under this statute will also face a minimum three-year revocation of their driver’s license. Before reinstatement, they must complete a victim’s impact panel session or a department-approved driver improvement course. For more on driver improvement courses, visit our page on unlawful use of driver license.

Understanding these legal implications is essential for anyone facing charges related to leaving the scene of an accident involving death. At Leppard Law, our experienced attorneys, including Joe Easton and John Vallillo, are dedicated to providing the best possible defense. For more on how we can assist you, explore our reckless driving defense page.

Penalties for Leaving the Scene of an Accident Involving Death

Traffic checkpoints preventing DUI accidents, related to Leaving the Scene of an Accident Involving Death, Failure to Stop

The penalties for leaving the scene of an accident involving death are severe and can include long-term imprisonment, hefty fines, and permanent revocation of driving privileges. This section will detail the specific penalties and the circumstances that can aggravate or mitigate these penalties.

Felony Charges and Imprisonment

Leaving the scene of an accident involving death is classified as a first-degree felony in Florida. Convictions can lead to a mandatory minimum prison sentence of four years, with the possibility of up to 30 years in prison, depending on the circumstances of the case. The severity of the penalties underscores the state’s commitment to ensuring that drivers take responsibility for their actions.

What are the penalties for leaving the scene of an accident involving death? Leaving the scene of an accident involving death is a first-degree felony in Florida, punishable by a mandatory minimum of four years in prison and up to 30 years in prison.

In addition to imprisonment, individuals convicted of this offense may face substantial fines. These fines can be as high as $10,000, further emphasizing the gravity of the offense. For more information on related traffic crimes, visit our reckless driving defense page.

Driver’s License Revocation

Another significant penalty for leaving the scene of an accident involving death is the revocation of the driver’s license. According to Florida Statute 322.28(4), the driver’s license can be revoked for a minimum of three years. Before reinstatement, the offender must complete specific requirements, such as attending a victim’s impact panel session or a department-approved driver improvement course.

What happens to your driver’s license if you leave the scene of an accident involving death? Your driver’s license will be revoked for at least three years, and you must complete a victim’s impact panel session or a driver improvement course before reinstatement.

The revocation period serves as a deterrent and a reminder of the responsibilities that come with operating a vehicle. For more details on driver improvement courses, check out our page on unlawful use of driver license.

Restitution to Victims

In addition to imprisonment and fines, the court may order the driver to make restitution to the victim’s family for any damage or loss. Restitution can be monetary or nonmonetary and is often made a condition of probation. This ensures that the offender takes responsibility for their actions and contributes to the healing process for the victim’s family.

What is restitution in the context of leaving the scene of an accident involving death? Restitution involves compensating the victim’s family for any damage or loss and can be monetary or nonmonetary. It is often a condition of probation.

The court’s emphasis on restitution highlights the importance of accountability and support for the victims’ families. For a comprehensive understanding of restitution requirements, visit our traffic homicide investigations page.

Aggravating and Mitigating Circumstances

The penalties for leaving the scene of an accident involving death can be influenced by various aggravating and mitigating circumstances. Aggravating factors, such as driving under the influence at the time of the accident, can lead to harsher penalties. Conversely, mitigating factors, such as the defendant’s lack of prior criminal history, may result in reduced penalties.

What are aggravating and mitigating circumstances in these cases? Aggravating circumstances can lead to harsher penalties, while mitigating circumstances may reduce penalties. Examples include driving under the influence and lack of prior criminal history, respectively.

Understanding these factors is crucial for anyone facing charges. At Leppard Law, our experienced attorneys can help navigate these complexities and work towards achieving the best possible outcome. For more on how we can assist you, explore our defense strategies page.

Impact on Future Opportunities

A conviction for leaving the scene of an accident involving death can have long-lasting effects on an individual’s future opportunities. It can impact employment prospects, housing opportunities, and personal relationships. The stigma associated with a felony conviction can be challenging to overcome, making it essential to seek experienced legal representation.

How does a conviction for leaving the scene of an accident involving death affect future opportunities? A conviction can impact employment, housing, and personal relationships due to the stigma associated with a felony conviction.

At Leppard Law, we understand the far-reaching consequences of such a conviction and are dedicated to providing the best possible defense for our clients. For more information on how we can help, visit our traffic crimes defense lawyer page.

Defending Against Charges of Leaving the Scene of an Accident Involving Death

Defending against charges of leaving the scene of an accident involving death requires a strategic approach. An experienced attorney can challenge the prosecution’s evidence, question the validity of the charges, and present mitigating factors. At Leppard Law, our attorneys, including Joe Easton and John Vallillo, bring over 60 years of combined criminal defense experience to each case.

Common Defense Strategies

Common defense strategies include proving that the driver was unaware of the accident, demonstrating that the driver did not willfully leave the scene, and challenging the prosecution’s evidence. For more information on defense strategies, visit our defense strategies page.

What are the common defense strategies for leaving the scene of an accident involving death? Common defense strategies include proving the driver was unaware of the accident, demonstrating the driver did not willfully leave the scene, and challenging the prosecution’s evidence.

One of the most effective defenses is to prove that the driver was unaware that an accident had occurred. This can be particularly relevant in cases where the accident happened at night or in poor visibility conditions. Additionally, if there is evidence that the driver did not willfully leave the scene, such as stopping to check on the victim or calling for help, this can significantly impact the case.

Another critical defense strategy is to challenge the prosecution’s evidence. This can involve questioning the accuracy of witness statements, the reliability of physical evidence, and the methods used by law enforcement during the investigation. By meticulously examining every aspect of the case, our attorneys at Leppard Law can identify weaknesses in the prosecution’s arguments and build a strong defense.

In some cases, it may be possible to present mitigating factors that can reduce the severity of the charges or penalties. For example, if the driver has no prior criminal record, was not under the influence of alcohol or drugs, and has shown genuine remorse and willingness to make restitution, these factors can be used to argue for a more lenient sentence.

At Leppard Law, our attorneys are well-versed in the complexities of traffic crime defense. We understand the nuances of Florida’s traffic laws and have a proven track record of successfully defending clients against serious charges. Whether you are facing charges of reckless driving or vehicular homicide, we are here to provide the expert legal representation you need.

Our team is dedicated to ensuring that every client receives personalized attention and a defense strategy tailored to their unique circumstances. We take the time to thoroughly investigate each case, gather evidence, and develop a comprehensive defense plan. With our extensive experience and commitment to excellence, you can trust Leppard Law to fight for your rights and work towards the best possible outcome for your case.

If you are facing charges related to leaving the scene of an accident involving death, it is crucial to seek legal representation immediately. Contact us today at 407-476-4111 to schedule a consultation and learn more about how we can help you navigate the legal process and defend your rights.

Securing immediate legal representation is crucial for anyone accused of leaving the scene of an accident involving death. An experienced attorney can help navigate the complexities of the legal system, protect your rights, and work towards the best possible outcome for your case. At Leppard Law, we are committed to providing personalized and effective legal representation.

Why Choose Leppard Law?

With over 60 years of combined criminal defense experience, Leppard Law offers a unique and strategic approach to each case. Our attorneys, Joe Easton and John Vallillo, are dedicated to fighting hard for our clients, ensuring excellent communication, and providing a personal touch. Contact us today at 407-476-4111 for a consultation.

Scales of Justice prominently displayed with the Florida suburbs in the background, representing Leaving the Scene of an Accident Involving Death, Failure to Stop

When facing charges of leaving the scene of an accident involving death, time is of the essence. Immediate legal representation can make a significant difference in the outcome of your case. Here are some reasons why you should consider contacting an attorney without delay:

  • Evidence Preservation: Prompt legal action ensures that critical evidence is preserved. This can include witness statements, surveillance footage, and accident scene details, all of which can be pivotal in building a strong defense.
  • Legal Guidance: Navigating the legal system can be overwhelming, especially under the stress of criminal charges. An experienced attorney can provide the guidance and support you need to understand your rights and options.
  • Strategic Defense: Developing a strategic defense requires time and expertise. The sooner you engage a skilled attorney, the more time they have to investigate the case, identify weaknesses in the prosecution’s arguments, and build a compelling defense.
  • Mitigating Penalties: In some cases, early intervention by a lawyer can help mitigate the penalties you face. This can include negotiating plea deals, presenting mitigating factors, or seeking alternative sentencing options.

Our Commitment to You

At Leppard Law, we understand the gravity of the charges you are facing and the impact they can have on your life. Our commitment to you includes:

  • Personalized Attention: We take the time to understand your unique circumstances and tailor our approach to meet your specific needs.
  • Expertise and Experience: With over 60 years of combined criminal defense experience, our attorneys have the knowledge and skills to handle even the most complex cases.
  • Innovative Defense Strategies: We employ innovative defense strategies to challenge the prosecution’s evidence and protect your rights.
  • Compassionate Support: We provide compassionate support and clear communication throughout the legal process, ensuring you are informed and empowered every step of the way.

Contact Leppard Law Today

If you or a loved one is facing charges related to leaving the scene of an accident involving death, don’t wait to seek legal help. Contact Leppard Law today for a consultation. Our team is ready to fight for your rights and work towards the best possible outcome for your case. Call us at 407-476-4111 or visit our contact page to get started.

Additional Resources

For more information on related topics, you can explore the following resources:

What are the penalties for leaving the scene of an accident involving death? The penalties include a mandatory minimum prison sentence of four years, with the possibility of up to 30 years in prison, hefty fines, and permanent revocation of driving privileges.

Remember, the sooner you act, the better your chances of a favorable outcome. Let Leppard Law be your advocate in this challenging time.

Infographic depicting the words Leaving the Scene of an Accident Involving Death, Failure to Stop

What are the penalties for leaving the scene of an accident involving death?

The penalties for leaving the scene of an accident involving death include severe consequences. This offense is classified as a first-degree felony in Florida. Convictions can lead to:

  • A mandatory minimum prison sentence of four years
  • Up to 30 years in prison
  • Hefty fines
  • Permanent revocation of driving privileges

For more details on penalties, visit our leaving the scene of a crash involving death page.

How can an attorney help if you are accused of leaving the scene of an accident involving death?

An attorney can provide crucial support if you are accused of leaving the scene of an accident involving death. They can:

  • Preserve critical evidence
  • Provide legal guidance and support
  • Develop strategic defenses
  • Mitigate potential penalties

Engaging an experienced attorney early can significantly impact the outcome of your case. Learn more about our traffic crimes defense services.

What are common defense strategies for leaving the scene of an accident involving death?

Common defense strategies for leaving the scene of an accident involving death include:

  • Proving the driver was unaware of the accident
  • Demonstrating the driver did not willfully leave the scene
  • Challenging the prosecution’s evidence

For a deeper understanding of defense strategies, visit our defense strategies page.

What should you do immediately after being involved in an accident that results in death?

Immediately after being involved in an accident that results in death, you should:

  • Stop your vehicle at the scene or as close to it as possible
  • Remain at the scene and provide necessary information
  • Contact emergency services and provide assistance if possible
  • Fulfill the requirements of Florida Statute 316.062

Failure to comply can result in severe legal consequences. For more information on what to do, visit our leaving the scene of an accident page.

Explore additional practice areas we serve to understand the full scope of our legal expertise:

Traffic Crimes Defense Lawyer DUI Attorney
Unlawful Use of Driver License Vehicular Homicide
Racing on a Highway Reckless Driving
Careless Operation of Motor Vehicle with Suspended License Resulting in Death or Serious Bodily Injury Leaving Scene of a Vessel Accident Involving Personal Injury
Leaving the Scene of an Accident Involving Personal Injuries Other Than Serious Bodily Injury Leaving the Scene of a Crash Involving Serious Bodily Injury
Fleeing or Attempting to Elude Law Enforcement Officer Fleeing by Boat to Elude a Law Enforcement Officer
Fleeing or Attempting to Elude Law Enforcement Officer in Patrol Vehicle with Siren and Lights Activated Driving at High Speed or with Wanton Disregard for Safety While Fleeing or Attempting to Elude Law Enforcement Officer
Aggravated Fleeing or Eluding Aggravated Fleeing or Attempted Eluding with Serious Bodily Injury or Death

Top-Rated Leaving the Scene of an Accident Involving Death, Failure to Stop Attorneys Serving Florida

Choosing the appropriate legal representation is crucial when pursuing a claim. A seasoned, committed attorney ensures you’re equipped to make informed choices at each phase of the process.

  • John Vallillo: As a stalwart in the legal scene, John Vallillo has earned his stripes through a consistent record of case dismissals and proactive defense. His background as both a prosecutor and defense attorney enriches his strategic defense planning with invaluable insights.
  • Joe Easton: Renowned for crafting winning defenses, Joe Easton’s approach to legal advocacy combines thorough preparation with aggressive representation. His notable recognitions and ratings stand testament to his exceptional service and client-focused approach.
  • Joel Leppard: Joel Leppard infuses every case with a level of personal commitment and innovative thinking that sets him apart. His leadership has not only grown Leppard Law into a top-rated criminal defense law firm but also ensured that clients receive empathetic, effective legal care.

Hear From Our Satisfied Clients

For us, commitment isn’t just a word; it’s our action plan. We channel this into vigorous work on every case, and the glowing reviews we receive are a gratifying sign of our successful client relationships. This is just a portion of our hundreds of 5-star reviews on Facebook, Google, Thumbtack, Yelp, and more. You can read more 5-star reviews here.



Contact Our Top-Rated Traffic Crime Defense Attorneys Today

What does it look like to have a personal relationship with your attorney? Someone who has your back when things get tough? A lawyer that knows you as well as they know your case?

At Leppard Law, we treat our clients like family. We always put their best interests first and fight for the best possible outcome for their case. But you don’t have to take our word for it—experience it for yourself. If you or a loved one have been charged with a criminal offense, contact us today to schedule a free consultation. Call us at 407-476-4111.

We’ve been honored as the “Best of Orlando” for Criminal and DUI Defense on Thumbtack and Yelp for six years in a row. At Leppard Law, we take immense pride in helping our clients navigate through some of life’s most challenging moments. Your trust and support have fueled our commitment to excellence, and we’re honored to be a part of our shared community.

While we hope you never face a criminal charge, we want you to know that if the need arises, we’re here for you. One call to our top-rated criminal defense attorneys can make all the difference. Schedule your consultation today, and let us provide the support and legal expertise you deserve.

From Their Bench to Your Defense: As former prosecutors, we’ve sat on their side and mastered their playbook. Now, we’re in your corner, defending your rights with exceptional dedication and expertise. At Leppard Law, we turn our insider knowledge into your strongest defense.

Your Voice, Our Mission: While our courtroom victories speak volumes, they mean little without clear, consistent communication with our clients. We might be known to dominate in court, but our true strength lies in our unwavering commitment to being client-centered. At Leppard Law, you’re not just a case, you’re our mission.

Strength in Numbers, Dedication at Heart: Our robust legal team sets us apart in Central Florida’s landscape of criminal defense. With receptionists, paralegals, and four support staff equipped with Juris Doctor degrees, we bring a higher level of commitment and expertise to your defense. At Leppard Law, we’re more than just attorneys; we’re a dedicated force.

Tech-Savvy Defense with a Personal Touch: Headed by tech enthusiast Joel Leppard, our firm embraces cutting-edge technology to streamline client services. This digital advantage ensures we’re always a step ahead, offering efficient and responsive legal support. At Leppard Law, we combine tech prowess with legal expertise for unbeatable defense.

Don’t just take our word for it. Reach out to us today and witness our expertise yourself.

Awards & Recognitions

  • Named as one of the “Top Criminal Defense Lawyers in Orlando, FL” 2023 by Expertise
  • Highlighted among the “Top DUI Attorneys near Deltona, FL” for 2023 by Thumbtack
  • Listed among the “Best Criminal Defense Lawyers in Melbourne” from 2016-2023 by Expertise
  • Ranked #1 “Best Orlando Law Firms” by Yelp from 2016-2020
  • Martindale Hubbell “Client Champion Platinum” 2018-24 by Martindale Hubbell

Rest easy and pick up the phone. We’re here to help! Call us at 407-476-4111.

 

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Legally Reviewed by Joe Easton

Expert Attorney

Legally reviewed by Joe Easton and the content team, this article reflects the firm’s 60 years of combined criminal defense expertise. Joe Easton, with his extensive experience and strategic prowess in DUI and criminal defense, offers more than just legal representation; he brings a commitment to turning legal challenges into triumphs. His approach, combining tenacity in the courtroom with personalized client care, ensures your case is not just defended but championed with dedication and expertise.

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