{"id":5774,"date":"2026-10-21T00:52:09","date_gmt":"2026-10-21T00:52:09","guid":{"rendered":"https:\/\/patrickwilsonlaw.com\/resources\/vehicular-homicide-defense-attorney-south-florida\/leaving-the-scene-fatal-crash-defense-attorney-florida\/"},"modified":"2026-10-27T14:42:20","modified_gmt":"2026-10-27T14:42:20","slug":"leaving-the-scene-fatal-crash-defense-attorney-florida","status":"publish","type":"page","link":"https:\/\/patrickwilsonlaw.com\/resources\/vehicular-homicide-defense-attorney-south-florida\/leaving-the-scene-fatal-crash-defense-attorney-florida\/","title":{"rendered":"Leaving the Scene of a Fatal Crash Florida: Miami Defense"},"content":{"rendered":"\n
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Miami Criminal Defense | Leaving the Scene of a Fatal Crash<\/p>

Charged With Leaving the Scene of a Fatal Crash in Miami?<\/h1>

Patrick Wilson Law focuses on criminal defense across Miami-Dade and Broward Counties and the Florida Keys. Call 786-761-1719 for a free, confidential first consultation, with no obligation to continue.<\/p>

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By Patrick David Wilson \u00b7 Published October 20, 2026<\/p>\n\n

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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.<\/p>\n

What Florida Law Requires After a Crash That Involves a Death<\/h2>\n

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

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.<\/p>\n

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.<\/p>\n

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<\/a> from the state’s motor vehicle agency is a useful starting point.<\/p>\n\n

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If you're facing a charge after a fatal crash, or you're worried about someone you love who is, we can talk through what happened and what it may mean. Talk it through with our team — the first consultation is free, confidential, and carries no obligation.<\/p>

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What Penalties Apply When Leaving the Scene Causes a Death?<\/h2>\n

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.<\/p>\n

Section 775.081<\/a> 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.<\/p>\n

Restitution is a separate financial exposure. Section 775.089<\/a> 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. \u00a7 775.089(2)(a)). A restitution order doesn’t block a later civil claim. The restitution amount is subtracted from any later civil recovery.<\/p>\n

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<\/a>.<\/p>\n

For non-citizens, a conviction can carry immigration consequences. 8 U.S.C. \u00a7 1227<\/a> lists conviction types that can make a non-citizen deportable. A felony record can also affect jobs, professional licenses, and housing.<\/p>\n

How Leaving the Scene Differs From Vehicular Homicide and DUI Charges<\/h2>\n

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.<\/p>\n

Section 782.071<\/a> 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.<\/p>\n

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

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.<\/p>\n

How Police Build a Leaving-the-Scene Case and What the State Must Prove<\/h2>\n

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:<\/p>\n