Leaving the scene of an accident, commonly referred to as hit-and-run, transforms what may have begun as a traffic incident into a serious criminal matter with consequences that extend far beyond typical moving violations. A hit-and-run charge in Palm Beach Gardens can result in felony charges, jail time, and a permanent criminal record that affects employment, housing, and professional licensing for years to come.
Criminal Defense Attorney Brian Gabriel is a Palm Beach Gardens criminal defense attorney with over 30 years devoted to defending clients against serious criminal charges throughout Palm Beach County. Before entering private practice, Mr. Gabriel began his career at the Palm Beach County State Attorney’s Office, where he prosecuted an abundance of cases and gained comprehensive insight into how law enforcement builds hit-and-run cases and where those cases can be challenged. Mr. Gabriel will handle your case using all the knowledge and skill developed over the span of his extensive career.
What Constitutes Hit-and-Run in Palm Beach Gardens
Hit-and-run, legally known as leaving the scene of an accident, is defined under Florida law as a driver’s failure to remain at the site of a crash and fulfill specific statutory duties when the crash involves property damage, bodily injury, or death.
Under Florida Statute Sections 316.061 through 316.063, a driver involved in any crash must immediately stop at the scene or as close to the scene as possible and provide the following information: name, address, and vehicle registration number. If requested, the driver must also exhibit a driver’s license or permit to any other party involved or to any investigating police officers. When an accident causes injury or death, the driver must also render reasonable assistance, which includes arranging transportation for an injured person to a hospital or physician if medical treatment appears necessary or is requested.
When damaged property is unattended, the driver must either locate the property owner or leave a written notice in a conspicuous location on or near the damaged property containing the driver’s name, address, and registration number, and then notify the nearest law enforcement agency.
One aspect of these laws that surprises many people is that prosecutors are not required to prove that you caused the crash. The state need only prove that you were involved in a crash, that you knew or should have known you were involved, and that you willfully failed to stop, remain, and provide the required identifying information. The term “willfully” means purposefully and intentionally, and challenging that element is one avenue an experienced defense attorney will examine carefully.
Penalties for Hit-and-Run Offenses in Palm Beach Gardens
The consequences for leaving the scene of an accident in Palm Beach Gardens vary significantly depending on the nature and extent of harm involved in the crash.
Property Damage Only
When an accident involves only property damage, leaving the scene constitutes a second-degree misdemeanor. Conviction carries up to 60 days in jail, six months of probation, and fines up to $500. The driver’s license is also subject to a minimum three-year revocation. While this represents the least serious hit-and-run charge, it still results in a criminal record that can affect future opportunities.
Injury to Another Person
A hit-and-run involving injury to another person escalates to a third-degree felony under Florida Statute Section 316.027. This charge carries up to five years in prison, five years of probation, and fines up to $5,000. The driver’s license faces a minimum three-year revocation. Prosecutors in Palm Beach County pursue these cases seriously, particularly when the victim required significant medical treatment.
Serious Bodily Injury
When the accident causes serious bodily injury, the charge becomes a second-degree felony. Serious bodily injury is defined as an injury that creates a substantial risk of death, causes permanent disfigurement, or results in long-term loss or impairment of a body part or organ. Conviction carries up to 15 years in prison, 15 years of probation, and fines up to $10,000. The distinction between a non-serious injury and a serious bodily injury is frequently disputed in these cases and can be a significant area of defense.
Death
Leaving the scene of an accident involving death is a first-degree felony, the most serious hit-and-run charge. Conviction can result in up to 30 years in prison, substantial fines, and permanent license revocation. When the driver was also operating the vehicle under the influence of alcohol or drugs at the time of the crash, Florida law imposes a mandatory minimum prison term of four years. These cases often attract significant public attention, and prosecutors frequently pursue them with maximum aggressiveness. When vehicular homicide or manslaughter charges are pursued alongside the leaving the scene charge, the combined exposure can be severe.
CDL Holders and Commercial Drivers
If you hold a commercial driver’s license and are charged with leaving the scene of an accident, you face additional consequences beyond the criminal penalties. A first offense can result in a one-year disqualification from operating a commercial vehicle, and subsequent offenses can result in a lifetime ban from commercial driving.
Common Defenses to Hit-and-Run Charges
Criminal Defense Attorney Brian Gabriel examines every detail of a case to identify viable defenses. The strength of any particular defense depends on the specific facts involved, but several circumstances frequently arise in hit-and-run cases that can significantly affect the outcome.
You may not have known an accident occurred. In situations involving minor property damage, a driver may genuinely not realize they struck something. The state must prove the driver knew or should have known they were involved in a crash, and that element can be challenged when the circumstances support it.
You may not have been the driver. Mistaken identity is a real issue in hit-and-run cases, particularly when witnesses provide only partial license plate numbers, vague vehicle descriptions, or identify a driver based on limited observation. Surveillance footage, traffic cameras, and the reliability of eyewitness identification all become important areas of investigation.
You may not have been required to stop. Florida law imposes the duty to remain at the scene only when an accident causes injury, death, or property damage. In some cases, the nature of the contact may be disputed.
You left the scene out of genuine safety concerns. While not a complete defense, evidence that you departed because you feared for your personal safety in a dangerous or threatening situation can serve as mitigating circumstances that influence how a case is resolved.
The Importance of Immediate Legal Representation
Time is a critical factor when facing serious traffic-related charges in Palm Beach Gardens. Law enforcement investigators work quickly to gather evidence, review surveillance footage, canvass for witnesses, and build their case. The sooner you retain legal counsel, the better positioned you are to protect your rights and preserve evidence that supports your defense.
If you were involved in an accident in Palm Beach Gardens and also face questions about whether alcohol or drugs were involved, the intersection of a DUI charge with a hit-and-run allegation creates compounded legal exposure that demands immediate attention.
Criminal Defense Attorney Brian Gabriel can immediately evaluate the circumstances of your case, identify inconsistencies in the prosecution’s evidence, and begin developing a targeted defense strategy. Early intervention is frequently decisive in achieving favorable outcomes, whether through the suppression of evidence, negotiated resolution, or dismissal of charges.
Schedule a Free Consultation with Criminal Defense Attorney Brian Gabriel in Palm Beach County
Hit-and-run charges in Palm Beach Gardens carry serious consequences that extend well beyond fines and potential jail time. Criminal Defense Attorney Brian Gabriel has defended an abundance of clients against traffic-related criminal charges throughout his 30-year career and holds Avvo Top Rated Lawyer 2024 and National Trial Lawyers Association Top 100 2024 recognition.
Start with a free consultation today by calling Criminal Defense Attorney Brian Gabriel of The Law Office of Gabriel & Gabriel at (561) 622-5575. You can also complete an online contact form to learn more.
