A review of 11 top Q&As You MUST Know by ➪ Boca Raton ➪
West Palm Beach Traffic Accident Attorney Josh LeRoy on:

Traffic Accidents & Related Charges

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Contents

An experienced West Palm Beach traffic accident attorney can make all the difference in the world when it comes to your final sentence – potentially years of your life. A few of the most common charges in the “traffic accident” category are detailed below.

Before hiring a West Palm Beach Traffic Accident Attorney, what should I know about Leaving the Scene of an Accident (F.S. 316.027, 316.062)?

If you, as a driver, are involved in a crash that results in the injury or death of another person, or damage to a vehicle or other property, Florida law requires the following: you must immediately stop your car at the scene and remain there until you provide your name, address, the vehicle’s identification number, and, if requested, your driver’s license, to anyone injured in the crash, to the other driver, and police. In addition, you must provide anyone injured with reasonable assistance in obtaining appropriate medical care.

What defenses would a quality Traffic Accident Attorney use for Leaving the Scene of An Accident?

Leaving The Scene Of An Accident, Florida Statutes S.316.027, S,316.062
Leaving The Scene Of An Accident, Florida Statutes S.316.027, S,316.062

One of the key elements that the State must prove when prosecuting a person for leaving the scene of an accident is willfulness; the State must prove, beyond all reasonable doubt, that the defendant “willfully” fled the scene of the crash.

So, if a driver is charged with leaving the scene of an accident and suffers a concussion or some other injury that impaired his ability to think or reason, then the driver cannot lawfully be found guilty of the charge.

What are the penalties for leaving the scene of an accident in Palm Beach County?

Willfully leaving the scene of an accident causing injury to another person other than “serious bodily injury” is a third-degree felony, subjecting the defendant to a range of punishments from a term of probation up to 5 years in prison, as well as a three-year revocation of their driver’s license.

If a person in the accident suffers “serious bodily injury,” willfully leaving the scene is a second-degree felony, subjecting the defendant to a range of penalties from a term of probation up to 15 years in prison and a three-year revocation of their driver’s license.

Suppose a driver willfully leaves the scene of an accident in which death has occurred. In that case, the offense is classified as a first-degree felony, subjecting the defendant to punishment ranging from a term of probation up to 30 years in prison and a three-year revocation of their driver’s license.

Before hiring a West Palm Beach Traffic Accident Attorney, what should I know about Leaving the Scene of an Accident with Property Damage (F.S. 316.192)?

Accidents happen. In the panic of an accident, it may be possible that you are scared and nervous and flee the scene. This is a terrible idea, as the penalties for leaving the scene of an accident with property damage can be severe.

When you are involved in an accident where one or more parties are injured, it is required that you alert an officer and provide your personal information to them. If you do not report an accident, it should be for one of these two reasons:

  • You are unable to report it due to an injury.
  • You were unaware that you were involved in an accident.

    Leaving The Scene Of An Accident With Property Damage – F.S. 316.192
    Leaving The Scene of An Accident with Property Damage – F.S. 316.192

If you left the scene of an accident in which someone was injured, it must be proven that you were aware of the injury, or you cannot be convicted of leaving the scene.

There are different degrees of the crime, which all reflect the punishments. Leaving the scene of an accident that results in property damage is a 2nd-degree misdemeanor; leaving the scene of an accident that results in injury is a 3rd-degree felony, and leaving the scene of an accident that results in death is a 1st-degree felony.

This is a grave crime, and if you have been charged with leaving the scene of an accident with property damage, or more severe damage, you must contact a criminal lawyer immediately.

What situation would cause me to be accused of leaving the Scene of an Accident in Palm Beach County?

If you use a vehicle and purposely cause harm to a man or harm to property and leave the spot of the episode without ceasing movement and giving your name, address, VIN, and license number to the harmed party, a cop, or the closest police headquarters.

I have officially accepted the guilt of Leaving the Scene of an Accident and paid fines.

In a few circumstances, a lawyer can document a movement to withdraw your guilty request and arrange a plea deal to alter those tickets to non-moving infringements without any points on your license. Many judges won’t consent to withdraw a guilty plea if over thirty days have passed or if a lawyer spoke to you at the time of your guilt admission.

Can you get a hardship license if you have a suspended license in Palm Beach County?

Our team can help you request a change in the suspension in court and give you data on how to get a “limited driving privilege” or “hardship license” and get your license reestablished.

What should I know about Traffic Accident charges (Crashes Involving Injuries or Death: F.S. 316.027) before hiring a West Palm Beach Traffic Accident Attorney?

Under Florida law, when involved in a crash that results in injury of any kind, a driver is required (1) to stop their car at the scene immediately, (2) to remain there until (3) he or she has provided his name, and allowed review of his driver’s license, to anyone else involved in the crash as well as to police, and (4) to render appropriate assistance to anyone injured.

Traffic Accidents (Crashes Involving Injuries Or Death), Florida Statutes S.316.027
Traffic Accidents (Crashes Involving Injuries or Death), Florida Statutes S.316.027

What is an example of a defense to charges of failing to comply with the post-accident requirements after involvement in a crash?

When involved in a crash that results in minor injuries, a driver whom the State charges with failing to comply with the legal requirements described above has a complete defense if the driver can demonstrate that they did not “willfully” fail to comply with the law.

For example, a driver who, while involved in a crash, sustained a concussion may win acquittal by showing that their failure, for example, to render assistance was not willful.

What are the penalties for failing to comply with the post-accident requirements when involved in a car accident?

When involved in a crash resulting in only minor injuries, willful failure to comply with the post-accident requirements is a 3rd-degree felony, subjecting the driver to penalties ranging from a term of probation up to 5 years in prison.

If the crash involves serious bodily injury, the offense is classified as a 2nd-degree felony, punishable by penalties ranging from a term of probation up to 15 years in prison.

If the crash results in a death, the offense is a 1st-degree felony, punishable by a range of penalties from a term of probation up to 30 years in prison.

Florida law also requires that if a driver has willfully failed to comply with the corresponding legal requirements, the driver’s license must be revoked for three years after involvement in a crash.

What should I know about Vehicular Homicide (F.S. 782.071) before hiring a West Palm Beach Vehicular Homicide Lawyer?

Florida law carefully defines the crime of vehicular homicide as “the killing of a human being, or the killing of an unborn child, by any injury to the mother, caused by the operation of a motor vehicle by another in a reckless manner likely to cause the death of, or great bodily harm to, another.”

What is an example of a defense to Vehicular Homicide?

Vehicular Homicide, Florida Statutes S.782.071
Vehicular Homicide, Florida Statutes S.782.071

Vehicular homicide is defined by law in terms of the driver’s recklessness. To convict a person charged with the crime, the State must prove the element of recklessness beyond all reasonable doubt. The relevant law defines recklessness as the “willful or wanton disregard for the safety of persons or property.”

Hence, sound and thoughtful evidence
showing that the driver did not “willfully” disregard the safety of persons or property, creating reasonable doubt about the question, will prevent the State from proving its case.

Under such circumstances, the jury, if not the
judge, would have to find the driver not guilty.

What are the penalties for vehicular homicide in Palm Beach County?

  • Vehicular homicide, a second-degree felony, is punishable by penalties ranging from probation to up to 15 years in prison.
  • The offense becomes a first-degree felony if the State alleges and then proves, beyond a reasonable doubt, that the accused was aware of the accident and failed to render aid or prevented the provision of aid. Conviction of a first-degree felony is punishable by penalties ranging from probation up to 30 years in prison.

What are the common defenses for vehicular homicide?

To succeed in its prosecution of a defendant charged with vehicular homicide, the State must prove, beyond a reasonable doubt, that the defendant was driving recklessly.

In addition, the defendant may defeat the prosecution if he can show, through his lawyer, that the State obtained its evidence in violation of the Constitution. Such misconduct by the State happens quite often.

What if I wasn’t aware that I was speeding, or what if the other person was at fault for the accident?

As indicated above, to successfully prosecute a person for vehicular homicide, the State must prove, among other things, that the defendant was driving recklessly. And the State must prove this fact beyond a reasonable doubt.

Charged? Call West Palm Beach Traffic Accident Attorney Josh LeRoy Because Experience Wins. Can You Afford to Lose?

If you, or someone you know, need a Traffic Accident Attorney in West Palm Beach (Palm Beach County from Boca Raton, Boynton Beach, Delray Beach, Lake Worth, West Palm Beach to Jupiter), or any of the surrounding areas, use the form below to drop me a note. Tell me about yourself, what’s happened, and a good time to contact you.

Call me to schedule a free consultation in my office or by phone. Again, knowledge is power – it is what you need to fight against the State’s prosecution.

-Joshua LeRoy, Esq.

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