Charged With Leaving the Scene of a Fatal Crash? Talk to a Miami Defense Attorney

Willfully leaving the scene of a crash that killed someone is a first-degree felony in Florida. Leaving the scene of an accident raises questions that depend heavily on the specific facts of each case, and a clear review of those facts is the starting point for any defense. This page helps drivers searching for a leaving the scene of a fatal crash attorney Miami. It explains what the law requires, which related charges may follow, and how a defense case usually moves.

What Leaving the Scene of a Fatal Crash Means Under Florida Law

Florida law requires a driver in a crash that causes death to stop immediately, or as close as possible, and stay until the required steps are done (§ 316.027). A willful violation of that death rule is a first-degree felony with a mandatory minimum of 4 years in prison, but a defendant not driving under the influence may move to depart from that minimum, and the court may grant the motion only if imposing it would constitute or result in an injustice.

The duty to give information comes from § 316.062. The driver must give a name, address, and registration number. The driver must also show a license on request and give reasonable aid. If no one can take the information and no officer is present, the driver must report to the nearest police office.

A driver who willfully fails to stop and stay after a crash that causes injury, but not serious bodily injury, commits a third-degree felony under § 316.027. A violation of § 316.062 alone is a noncriminal traffic infraction. The death version is far more serious. The Florida Department of Highway Safety and Motor Vehicles also publishes Florida hit-and-run information for drivers.

Who This Defense Is For

This defense is for drivers accused of leaving a fatal crash, and for families who need to understand the charge. It fits several kinds of people:

• Drivers who left a fatal crash and are now under investigation or arrested.
• Drivers who stayed or came back but face charges for leaving or for failing to render aid.
• First-time offenders facing a felony for the first time.
• Licensed professionals, such as nurses and teachers, whose license or career is at risk.
• Non-citizens whose status could be affected by a conviction or plea.
• Family members who want to understand the charge before a loved one speaks with police.

If you fit one of these groups, the early choices you make matter more than most people expect.

What the Defense Covers

The defense tests what the state can prove, including whether the state can show the driver acted willfully. Its work includes these parts:

• Evidence review. We review police reports, crash data, camera footage, phone records, and witness statements. Florida’s discovery rule covers names and addresses of people with information and police reports, under Fla. R. Crim. P. 3.220.
• Collection challenges. Where the facts support it, we challenge how the vehicle, statements, or other evidence were collected.
• Overlapping charges. Charges such as DUI, vehicular homicide, and reckless driving can arise from the same crash. We address each one.
• Negotiation and trial. We negotiate with the prosecutor, file pretrial motions, and prepare for trial when a plea is not the right answer.
• Release and license issues. We advise on bond, vehicle seizure, license consequences, and sentencing.

How a Case Typically Moves Forward

A case usually moves through six stages, from first contact to resolution.

1. First contact. The first consultation is free, confidential, and carries no obligation to continue. We review what is known about the crash and the arrest or investigation.
2. Early protection. We advise you on speaking with police, preserving evidence, and bond. Early statements can shape the case.
3. Charging and arraignment. The formal charge is filed and court dates are set.
4. Discovery. The defense receives the state’s evidence and checks it for gaps, errors, and inconsistencies.
5. Motions and negotiation. We file legal challenges where the facts support them. Under Fla. R. Crim. P. 3.171, defense counsel must advise you of every plea offer and its likely results. Counsel cannot agree to a plea without your full consent.
6. Resolution. The case ends by dismissal, plea, or trial. Timing varies with the facts and the court’s calendar.

Related Charges and Consequences to Understand Now

Leaving the scene often comes with vehicular homicide or DUI charges, and each one carries its own penalties.

• Under § 316.027(2)(c), it becomes a first-degree felony when the driver of a vehicle in a crash that results in death willfully fails to stop at or as close as possible to the scene, or to remain there until the requirements of § 316.062 are met.
• DUI. A willful failure to stop and stay after a death crash while driving under the influence carries the same 4-year mandatory minimum under § 316.027. Under § 316.193, a DUI conviction does not bar a civil suit for damages.
• License. A driver who violates the stop-and-stay duties must have his or her license revoked for at least 3 years under § 316.027.
• Sentence reduction. Under § 921.0026, a judge may go below the lowest permissible sentence only when circumstances reasonably justify it. A legitimate, uncoerced plea bargain is one example. Except as provided in paragraph (2)(m), substance use or intoxication is not a mitigating factor under that section.
• Immigration. For non-citizens, federal law lists classes of deportable non-citizens in 8 U.S.C. § 1227. Any plea should be reviewed against those classes before you agree.

Why Patrick Wilson Law for These Cases

Patrick Wilson Law, PLLC is a Miami criminal defense firm that focuses on DUI, domestic violence, sexual battery, and traffic homicide cases. The firm defends clients across South Florida, from Broward County to the Florida Keys. Its work centers on first-time offenders and licensed professionals, which shapes how it weighs plea decisions and career consequences.

Patrick David Wilson is the responsible lawyer for this page. Sahara Fonseca is also a lawyer at the firm. Our team of assistants and office staff supports case preparation and client communication.

No outcome can be promised, because each case turns on its own facts. We explain the options and risks in plain terms during the first talk.

Questions Drivers Ask About Leaving a Fatal Crash

Here are short answers to the questions drivers ask most often.

Talk to a Miami Defense Lawyer Before the Next Step

If you’re looking for a leaving the scene of a fatal crash attorney Miami, the next step is a conversation about your situation. If police are investigating a crash that killed someone and you’re weighing what to say and whether to get a lawyer now, call 786-761-1719 or leave a message. We’ll set up a confidential first talk to review the crash, the charge, and the timeline ahead. You can also use our contact page.