Charged With Leaving the Scene of a Fatal Crash in Miami?

Leaving the scene of a fatal crash in Florida is a first-degree felony when the driver willfully fails to stop and stay. The law also sets a four-year mandatory minimum prison term for that offense. This guide explains what the law requires, what the penalties are, and how these cases are built and defended in Miami-Dade, Broward, and the Florida Keys. If a crash has already happened and you’re worried, it’s normal to feel unsure what comes next.

What Florida Law Requires After a Crash That Involves a Death

A driver in a crash that causes a death must stop at the scene and stay there. Section 316.027 requires the driver to stop immediately, or as close as possible, and remain until the duties of section 316.062 are met.

Those duties include giving your name, address, and vehicle registration number. They also include showing your license on request, if you have one. And they include reasonable help for anyone hurt, including arranging a ride to medical care when treatment is apparent or requested.

Under section 316.027, the duty applies to the driver of every vehicle involved in a crash on public or private property that results in injury or death. Each case turns on its own facts, so how the law applies depends on the specifics. Fear and shock are common after a crash, and many drivers leave for those reasons. In court, though, what the driver knew and did often becomes the central question.

Stopping to call 911 is different from driving away. Whether a driver stayed close, what they did before police arrived, and why they left are fact questions. They can matter a great deal. For general guidance, the Florida hit-and-run guidance from the state’s motor vehicle agency is a useful starting point.

What Penalties Apply When Leaving the Scene Causes a Death?

Leaving the scene of a crash that causes a death is a first-degree felony in Florida when the driver willfully violates the duty to stop and stay. The same statute requires a mandatory minimum prison term of 4 years. If the driver was also driving under the influence, the same 4-year minimum applies.

Section 775.081 places first-degree felonies among the felony classes. Under section 775.083, a fine for a first-degree felony conviction may not exceed $10,000, unless a higher amount equal to double the pecuniary gain from the offense or double the pecuniary loss suffered by the victim, or a higher amount specifically authorized by statute, applies.

Restitution is a separate financial exposure. Section 775.089 requires the court to order restitution for losses caused by the offense or related to the criminal episode, unless it finds clear and compelling reasons not to. When an offense results in bodily injury, Florida law requires restitution to cover necessary medical and related professional services and to reimburse income the victim lost as a result of the offense, and when the bodily injury also causes death, restitution must include the cost of necessary funeral and related services (Fla. Stat. § 775.089(2)(a)). A restitution order doesn’t block a later civil claim. The restitution amount is subtracted from any later civil recovery.

The court may also require, where the driver’s violation causes or results in the death of another person, 120 hours of community service in a trauma center or hospital, under section 316.027.

For non-citizens, a conviction can carry immigration consequences. 8 U.S.C. § 1227 lists conviction types that can make a non-citizen deportable. A felony record can also affect jobs, professional licenses, and housing.

How Leaving the Scene Differs From Vehicular Homicide and DUI Charges

Leaving the scene focuses on what the driver did after the crash. Vehicular homicide focuses on how the crash happened and the death it caused.

Section 782.071 defines vehicular homicide as killing a person by operating a motor vehicle in a reckless manner likely to cause death or great bodily harm. A driver who knew or should have known the accident occurred, and failed to give information and render aid under section 316.062, faces a first-degree felony. Section 316.062 applies to the driver of any vehicle involved in a crash resulting in injury to or death of any person or damage to any vehicle or other property driven or attended by any person; it does not contain a rule about what the state must show about the driver’s knowledge.

DUI charges come from section 316.193, which covers driving with normal faculties impaired by alcohol or drugs. A DUI conviction doesn’t bar a later civil suit for damages.

One crash can produce several charges. Each charge has its own elements, meaning the facts the state must prove. A defense that works against one charge may not work against another. That’s why a multi-charge case needs review as a whole.

How Police Build a Leaving-the-Scene Case and What the State Must Prove

No two fatal crash cases are alike, so the details of what happened matter when reviewing possible defenses. The driver was driving, the crash caused death or injury, and the driver willfully left without meeting the statutory duties. Police usually build that proof from several sources:

• Vehicle damage and paint transfer
• Traffic and surveillance video
• License plate readers and phone records
• Witness statements
• The driver’s own statements, made at the scene or later

Timing can matter. If a driver returned to the scene, or called police, the timing and what happened next become central facts. Those facts can change the picture a great deal.

Early review shapes what the defense must investigate. Under the Florida criminal discovery rule, the prosecutor must list people known to have relevant information. The rule also treats police and investigative reports as statements that can be disclosed.

What Defenses Are Used in Fatal Hit-and-Run Cases?

The main defenses challenge who was driving, what the driver knew, and whether the evidence is reliable.

• Identification: Was the person the evidence points to actually the driver?
• Willfulness: The felony requires a willful violation. The defense can test whether the conduct meets that standard.
• Reliability: Video, paint, and other physical evidence can be challenged for accuracy and for how it was collected and kept.
• Statements: The defense can examine how a statement was taken and whether the driver’s rights were respected.

Which defense fits depends on the facts. Each one needs proof, and the evidence in each case is reviewed on its own terms. Early review, while video and witness information are still available, helps the defense plan its next steps.

What to Expect From the First Call Through Bond and Resolution

The process usually starts with a call. Then it moves through records review, bond, investigation, and either a resolution or trial preparation.

1. First contact. We gather the crash timeline, any arrest details, and court dates.
2. Records review. We review the police report, the charging papers, and any video or physical evidence.
3. Bond. Under Rule 3.131, the judge considers all available relevant factors, including the nature and circumstances of the offense and the penalty provided by law, the weight of the evidence, family ties, length of residence, employment history, financial resources, need for substance abuse evaluation or treatment, mental condition, past and present conduct including any record of convictions, and any other facts the court considers relevant. If a person is arrested for leaving the scene of a crash that caused a death and has previously been convicted of certain listed traffic offenses, section 316.027 requires that they be held in custody until brought before a court for bail.
4. Investigation and negotiation. We look at what the state can prove and where its case is weak.
5. Motions and trial preparation. If the case doesn’t resolve earlier, we prepare motions and, if needed, trial. Timelines vary by case.

Patrick Wilson Law, PLLC focuses on criminal defense in Miami, Miami-Dade County, Broward County, and the Florida Keys. Patrick David Wilson is the responsible lawyer for this page. Our team supports each case from the first call forward.

Frequently Asked Questions About Leaving the Scene of a Fatal Crash

Is it illegal to leave a crash scene?