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Felony Leaving the Scene

Felony Leaving the Scene

The legal duty of all Florida motorists to give information and render aid is established under Florida Statute § 316.062. Violations of this statute are known as leaving the scene of accidents, colloquially referred to as “hit and run” crashes.

While some violations are misdemeanor offenses, certain types of leaving the scene crimes can result in felony charges. In such cases, alleged offenders face the possibility of longer prison sentences and bigger fines.

Lawyer for Felony Leaving the Scene Defense in Fort Lauderdale, FL

If you think that you could be under investigation or you were already arrested for a felony leaving the scene of an accident offense in South Florida, you should refuse to speak to authorities until you have legal representation. Meltzer & Bell, P.A. defends clients in Wellington, Royal Palm Beach, Jupiter, Boynton Beach, Lake Worth, Riviera Beach, Greenacres, Delray Beach, Boca Raton, Palm Beach Gardens, West Palm Beach, and several other communities in South Florida.

Our criminal defense attorneys in Fort Lauderdale can fight to possibly have your criminal charges reduced or completely dismissed. You can have our lawyers provide an honest and thorough evaluation of your case as soon as you call (561) 557-8686 to set up a free initial consultation.

Palm Beach County Felony Leaving the Scene Information Center

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Felony Leaving the Scene Charges in Florida

Under Florida Statute § 316.027, the driver of a vehicle involved in a crash occurring on public or private property that results in injury to a person is required to immediately stop at the scene of the crash or as close thereto as possible and remain at the scene until he or she has fulfilled the requirements of Florida Statute § 316.062. A violation of this statute will be graded according to the severity of the injury suffered by the accident victim.

Florida Statute § 316.027(1)(a) defines a serious bodily injury as “an injury to a person, including the driver, which consists of a physical condition that creates a substantial risk of death, serious personal disfigurement, or protracted loss or impairment of the function of a bodily member or organ.”

If a driver leaves the scene of a crash resulting in injury to a person other than serious bodily injury, the crime is a third-degree felony. When the crash results in a serious bodily injury, leaving the scene is a second-degree felony offense. If a crash results in death, a person who leaves the scene of the crash will be charged with a first-degree felony.

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Felony Leaving the Scene Penalties in Florida

The statutory maximum sentences allowed for people convicted of felony leaving the scene offenses depends on the specific grade of felony they were charged with. Courts can generally order people to serve the following sentences when convicted:

  • Third-Degree Felony — Up to five years in prison and fine of up to $5,000;
  • Second-Degree Felony — Up to 15 years in prison and fine of up to $10,000; or
  • First-Degree Felony — Up to 30 years in prison and fine of up to $10,000.

Florida Statute § 316.027(2)(e) also states that a driver convicted of any of the three types of aforementioned violations will have his or her driver license revoked for at least three years.

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Felony Leaving the Scene Resources in Palm Beach County

Fort Lauderdale Police Department (FLPD) | Investigative Bureau — The mission statement of the FLPD reads, “Provide a safe and orderly environment in our city through professionalism, dedication, an active partnership with the community and concern for individual dignity.” Visit this section of the FLPD website to learn more about the agency’s investigative bureau. Find additional information about the Criminal Investigation Division, Special Investigation Division, and Street Crimes Division.

Fort Lauderdale Police Department

1300 W. Broward Blvd.

Fort Lauderdale, FL 33312

(954) 764-4357

Active Hit and Run Cases | Florida Highway Safety and Motor Vehicles — On this section of the Florida Department of Highway Safety and Motor Vehicles website, you can access information about active hit and run cases by respective troop counties. Palm Beach County is in Troop L along with Broward County, Indian River County, Martin County, Okeechobee County, and St. Lucie County. Clicking on a county will allow you to view the date, time, and location of recent incidents as well descriptions of the events and possible contact information.

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Find a Felony Leaving the Scene Defense Attorney in Fort Lauderdale

Were you arrested or do you believe that you might be under investigation for a felony hit and run offense in Palm Beach County? Do not make any kind of statement to police until you can contact Meltzer & Bell, P.A..

Our Fort Lauderdale criminal defense lawyers represent individuals in communities all over Broward County, Palm Beach County, and Miami-Dade County. Call (561) 557-8686 or complete an online contact form to have our lawyers review your case and answer all of your legal questions during a free, confidential consultation.

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Felony Possession Of Controlled Substance and DUI (Second Offense w/in 5)
The Defendant was charged with Felony Possession of Controlled Substance, punishable by 5 years in prison, and Driving Under the Influence, a second DUI offense within five years of a prior DUI conviction which carries a mandatory jail sentence and a five-year driver’s license revocation. The Defendant’s vehicle was stopped by Officer Malave of the Sunrise Police Department for repeatedly stopping and starting his vehicle near an intersection and for violating a flashing yellow light by stopping and remaining stationary at the intersection. Officer Malave approached the vehicle and made contact with the Defendant. Upon making contact with the Defendant, the Officer noticed that the defendant had the strong odor of an alcoholic beverage, bloodshot and watery eyes, slurred speech ; and the Defendant was incapable of formulating complete sentences. The Defendant would nod off in mid-sentence and was completely incoherent at times. After making those observations, Officer Malave, a female called for the assistance of two male officer’s due to the Defendant’s condition and physical size. The male officers loudly ordered the Defendant out of the car on multiple occasions, but the Defendant would not comply. The Officers attempted to forcibly remove the Defendant from the vehicle, but the Defendant resisted those efforts by bracing, pulling and stiffening his body so that the officers could not move him. The Defendant was slammed to the ground, which the officers took as a refusal to perform roadside exercises and then incorrectly read the Defendant implied consent, which only applies to breath tests. Officers noticed that there ere three cans of beer in the vehicle as well. The Defendant was arrested for DUI and was NOT taken to the Breath Testing Facility and DUI Room, but only the Broward County Main Jail. The Defendant was never asked to submit to a breath test. After the Defendant’s arrest, Officers discovered 27 pills located in a tackle box in the Defendant’s vehicle which ultimately were revealed to be anabolic steroids. Partner, Lawrence Meltzer of Meltzer & Bell prepared for trial. During preparation, the firm filed several Motions in Limine (Motions to Exclude Evidence) that asked the court to exclude any reference to roadside exercises or the Defendant’s alleged refusal top perform them as the Defendant was not offered the roadside exercises and, thus, never refused them. Additionally, the court was asked to exclude any mention of a refusal to submit to a breath test or failure to give on as, again, one was never offered. Finally, the court was asked to prohibit the State from discussing the anabolic steroids as such pills, although a controlled substance, are not those of an impairing or intoxicating nature. After receiving the Motion, the state conceded and was compelled to drop all DUI related charges. Meltzer & Bell was also able to have all felony drug charges dropped as well.
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Result:  Not Guilty
Driving Under the Influence
The Defendant was charged with Driving Under the Influence. Officers of the Davie Police Department were alerted by a concerned citizen that our client was leaving The Billiard Club, a pool bar, in an extremely intoxicated state and about to drive. The Officer approached the vehicle as the car was in reverse, ordered the Defendant to stop the vehicle and conducted a wellness check and noticed the Defendant had bloodshot eyes, the odor of an alcoholic beverage, and extremely slurred speech. Based on those observations, the officer asked the Defendant to perform roadside sobriety exercises, to which the defendant refused. The Defendant was placed under arrest for DUI and was asked to submit to a breath test, but, again refused. Lawrence Meltzer of Meltzer and Bell began to prepare for trial and researched case law in an effort to suppress or throw out the stop of the Defendant’s vehicle and all evidence that followed the stop as being unconstitutional and based upon a lack of reasonable suspicion as the Defendant had done nothing to justify her vehicle being stopped. The firm and Mr. Meltzer researched a similar factual scenario in State v. Sliviak in which the stop was suppressed based upon a lack of reasonable suspicion of criminal activity in an almost identical situation. This case law was presented to the State prior to trial. Upon receiving it, the State agreed and dropped the DUI charge.
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Result:  Charges Dropped
REFUSAL TO SUBMIT TO TESTING
The Defendant was observed by Officer Troy Murdock of the Coral Springs Police Department traveling 55 in a 40mph and weaving uncontrollably to the extent traffic began to slow in order to evade her. The officer activated his emergency lights in order to stop the Defendant, however, she did not until she was forced to because of a traffic backup at the intersection of Riverside Drive and Coral Springs Drive. Upon making contact with the Defendant, the officer noticed the defendant to have an extremely strong odor of an alcoholic beverage; that she could not handle or identify her vehicle documentation and that her speech was extremely slurred and that she was disoriented to the point where she was nodding off in front of the officer. When asked if she knew how fast she was moving the defendant responded by saying “I was doing 99.9”. The Defendant was asked to exit the vehicle and could not place the car in park. Upon exiting the vehicle, the Defendant almost fell into oncoming traffic and had to be saved by the officer. The Defendant could not maintain her balance and was disheveled in her appearance. The defendant refused to perform roadside exercises and later refused a breath test. The defendant had previously been arrested for DUI and previously had her licensed suspended for refusing a breath test and admitted to “having some vodkas”. Meltzer & Bell, once again, proceeded to trial. At trial, our attorneys were able to demonstrate that the officer was not truthful in his testimony through the use of photographs and google satellite photos, and based upon the testimony of the client.
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Result:  DUI Dismissed
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This past year I bought myself a new toy. It’s the third bike I’ve owned, so ‘Im familiar with the tickets that come with it. So far Steven Bell, Esq. has had my reckless driving reduced to a $50 fine and driving school-no points and a complete dismissal of criminal charges. Had my driving without a license dropped-no points. And a 30 over speeding ticket to a fine and driving school-no points. I’d have to say this law-firm handles their own. If your looking for a stress free way of handling your tickets call Meltzer and Bell PA, “The Traffic Stop”.

L.J.
19 Aug 2023

Meltzer and Bell, P.A., “The Traffic Stop,” really went above and beyond in their representation of me in Osceola County on my speeding ticket. They may possibly be THE BEST traffic lawyers I’ve ever encountered. Be sure to send your friends and family to the Meltzer and Bell, P.A., “The Traffic Stop,” for their traffic ticket and DUI needs. I can’t believe that they got the result that they did. Quite simply, they are the most professional firm that I have ever dealt with, and their level of expertise and communication is unparalleled.

I sincerely thank you for everything.

J.N.
27 Jul 2023

I just had to commend you on the outstanding job you did on behalf of your client in court yesterday. If my clients were ever to ask me if I know of a good DUI defense attorney, I know to whom I can refer them!

A.A.
14 Jun 2023

I just wanted to thank you for taking care of my ticket for me. I am thrilled with the outcome and I will definitely refer you to all my family and friends! Thank you so much!

C.W.
05 May 2023

Thank you Meltzer and Bell, The Traffic Stop, for handling my recent accident case. You did an amazing job in getting my case dismissed and saved me TONS of money in the long run. I will always recommend your services to anyone who wants the job done right!

K.R.
25 Apr 2023
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