What Is the Penalty for a Hit and Run No Injuries in FL?
In Florida, a hit-and-run accident with no injuries is classified as a second-degree misdemeanor. The potential penalties include up to 60 days in jail, a $500 fine, and 6 months of probation. Even if there’s only property damage, leaving the accident scene is a serious offense with consequences, such as license suspension.
However, if you’re facing accusations in a Florida hit-and-run case, you need an experienced defense team on your side. At Todd Miner Law, we have over 30 years of experience defending individuals charged under strict hit-and-run laws. We’ve successfully helped clients avoid penalties in cases involving charges like second and third-degree felonies. Call us today at 407-894-1480 for a free consultation and get legal representation to protect your driving privileges.
What Penalties Can You Face for a Hit and Run with No Injuries in Florida?
If you hit a vehicle or property and leave the accident scene in Florida, you’re committing a second-degree misdemeanor, even without injuries. This means you could face up to 60 days in jail, a $500 fine, increased insurance premiums, and even suspension of your driver’s license.
Under Florida Statute 316.061, a hit-and-run conviction can result in a permanent criminal record, higher insurance costs, and additional penalties like mandatory driving school training. Moreover, if the victim suffered bodily injuries, the at-fault driver will face second or third-degree felony charges. These criminal charges include punishment of up to five years in prison and a $5,000 fine.
However, if the accident results in death, you will face first-degree felony charges, carrying up to 30 years in jail with a mandatory minimum of 4 years. For drivers under the influence, the mandatory minimum jail time is 2 years. If they flee the scene, they may face permanent driver’s license revocation.
Does Prior Criminal History Impact Hit-and-Run Cases?
A prior criminal history can significantly impact your hit-and-run case, leading to severe penalties and making it difficult for you to defend yourself in court. Prosecutors can also use your past hit-and-run offenses to argue for severe punishment. This can seriously damage your credibility and weaken your position in court. Here’s how your criminal record impacts your case:
1. Increased Penalties and Charges
If courts have convicted you before, they will treat your new hit-and-run accident as a felony, especially if your past offenses involved reckless driving. This will result in prison time, heavy fines, or even a revoked license. Even if the charges are less, the punishment may still be more severe. Moreover, courts never forgive when dealing with a repeat hit-and-run driver or someone with multiple traffic violations.
2. Impact on Credibility and Defense
Your criminal record can hurt your credibility, especially if it involves dishonesty or reckless behavior during a car accident. Prosecutors may argue you have a pattern of ignoring the law, weakening your defense. As a result, this makes it complex to convince the court that you deserve a second chance. Your history may even affect how the car insurance company assesses your case.
3. Additional Penalties
If a hit-and-run offense is added to your criminal record, you have to face a courtroom trial and other severe consequences. It may affect your ability to recover from lost wages or medical expenses if you were also injured. Furthermore, it will be added to your background check records, which will reduce your chances of securing employment or housing opportunities. If you’re not a Florida citizen, the legal consequences may include denial of immigration benefits.
What Is Leaving the Scene of an Accident Under Florida Law?
Under Florida Statute § 316.061, if a driver is involved in a crash and leaves the scene, it is a criminal offense. This means the offending driver fails to provide necessary information, which includes their name, address, vehicle registration number, and driver’s license, to the other party or law enforcement.
Besides this, Florida law also requires that drivers involved in accidents must immediately contact emergency services and provide medical help to victims if needed. Drivers must also report the crash to local law enforcement when it involves injury, death, or significant property damage of at least $500.
Leaving without following these steps can lead to serious penalties, which are described below:
- Courts apply a second-degree misdemeanor charge if you damage only a parked car or property.
- If injuries occur, it’s a third-degree felony under Florida Statute 316.027.
- If a fatality occurs, the negligent driver may face a first-degree felony. The charges include up to 30 years in prison, license revocation, and a fine of up to $5000-$10,000.
If you want to reduce penalties and protect your legal rights, consult our experienced attorney. Our legal team understands Florida’s complex traffic laws and will help you build a strong defense, whether you’re the driver at fault or wrongly identified in a hit-and-run. Contact us today and let us help you protect your future and driving license.
Why Restitution Is Not Ordered in These Cases?
Florida courts often skip restitution in hit-and-run cases because insurance covers the victim, or the at-fault driver can’t afford to pay. They typically focus on hit-and-run penalties, such as jail time, license suspension, or fines, rather than forcing offenders to repay victims.
In Florida, restitution refers to court-ordered payments from the offender to the victim to cover losses like medical expenses, property damage, or lost wages. However, there are several reasons why it may not be applied in a hit-and-run accident:
| Reason | Explanation |
|---|---|
| Insurance Coverage Applies | Auto insurance policies or uninsured motorist coverage typically cover victims’ medical costs. |
| Restitution Requires a Conviction | Courts can’t order restitution without a guilty verdict or if the driver fled the accident scene. |
| Focus on Criminal Accountability | Courts highlight the failure to render aid, provide insurance details, or stop immediately. |
| Alternative Options for Victims | Victims can file civil lawsuits, but successful claims may raise future insurance premiums. |
How Does a Hit and Run Charge Affect Your Driving Record in Florida?
If authorities charge you with a hit-and-run in Florida, you may receive points on your license, face automatic suspension, and experience long-term increases in your insurance rates. It also results in a conviction on your record, making it difficult to regain full driving privileges.
Moreover, Florida Statutes describe that even if the accident only involves property damage, leaving the scene will add points to your record. If the crash causes injury or death, penalties increase to felony charges, triggering an automatic license revocation. Even Florida DMV can suspend your driving privileges for up to three years, and reinstatement often requires completing a court-approved driver improvement course.
Additionally, having a hit-and-run conviction on your record severely affects your auto insurance classification. Many insurers consider you a high-risk driver, leading to non-renewals or increased premiums. Even if your license is reissued, it can be difficult to find affordable coverage.
What Defenses are Used Against a Hit and Run Charge in Florida?
If you’re facing a hit-and-run charge in Florida, you can defend yourself by showing you didn’t know an accident happened, proving you weren’t the driver, or explaining that you left due to an emergency or fear for your safety. These defenses focus on your intent and the facts of the situation.
For instance, if you were unaware of the crash, especially in a low-impact or minor collision, you can claim a lack of knowledge. On the other hand, if someone wrongly identifies you as the offender, you can use a mistaken identity defense to clear your charges. In some cases, leaving the scene due to a medical emergency or fear of immediate harm may also be considered a valid legal excuse. Also, having our experienced attorney will help you build a strong defense and protect your future.
What Are the Civil Implications of a Hit and Run Without Injuries?
A hit and run without injuries can lead to serious civil consequences, including lawsuits for property damage, increased insurance premiums, and financial liability for repairs. Victims can file a claim to recover compensation for medical bills, lost wages, or other related costs, especially if you failed to provide reasonable assistance at the scene.
Even without physical injuries, leaving the scene shows negligence and can hurt your credibility in civil court. The other driver can also file a lawsuit for damages, particularly if the at-fault motorist fails to file a police report or is uninsured. Moreover, the civil liability increases if the driver flees intentionally, as courts may award punitive damages for reckless behavior.
How Common Are Hit-and-Run Accidents in Florida?
According to the Florida Department of Highway Safety and Motor Vehicles (FLHSMV), the state recorded 97,902 hit-and-run crashes in 2024 out of 381,210 reportable traffic crashes. That means approximately one in four reported crashes (25.7%) involved a hit-and-run driver.
Over the previous five years, Florida recorded 515,957 hit-and-run crashes, resulting in 1,251 fatalities. FLHSMV has also reported that hit-and-run crashes have increased by 40% over the past decade, highlighting the continued need for drivers to remain at the scene and comply with Florida law.
Book a Consultation with Todd Miner Law to Protect Your Rights in a Hit and Run Case!
If you’re involved in a hit-and-run accident in Florida, you may feel unsure about what to do next. Leaving the accident scene, whether due to fear or confusion, can result in serious criminal charges, license suspension, and even jail time. The Florida legal system is strict in these situations, especially when injuries or property damage are involved. Moreover, trying to handle it without any legal representation will result in consequences that affect your record and reputation.
At Todd Miner Law, we understand the fear and uncertainty that come with a hit-and-run charge. Therefore, we’re here to defend your rights with our experienced representation. With years of trial experience and a deep understanding of Florida Highway Patrol laws, our team will assess your case and build a strong defense. Schedule your free consultation today at 407-894-1480 or visit us at 915 Outer Rd, Orlando, FL 32814. Let our experienced legal team fight to protect your rights and future.
FAQs
Can A Hit-and-Run Be Expunged?
In Florida, expunging a hit-and-run charge is possible but only under strict conditions. You must not have been convicted, and the charge must have been dismissed, or you were found not guilty. However, if you received a conviction, expungement is not an option under Florida law due to the seriousness of the offense.
Does A Hit-And-Run Affect My Car Insurance Company?
Yes, a hit-and-run can significantly impact your relationship with your car insurance company. Your premiums may increase, and the insurer might label you as a high-risk driver. In severe cases, they may even cancel your policy. Additionally, a hit-and-run conviction can reduce your chances of getting insurance claims in the future.
What If I Accidentally Hit A Parked Car And Leave?
Leaving the scene after hitting a parked car, even by accident, can result in criminal charges in Florida. State law requires you to make a reasonable attempt to locate the owner or leave a note with your information. However, failing to do so is a second-degree felony, carrying $500 fines and 60 days in jail.
What Is The Florida Highway Patrol’s Role In Hit-And-Run Cases?
The Florida Highway Patrol plays an important role in investigating hit-and-run incidents on state roads and highways. They collect evidence, interview witnesses, and track down fleeing drivers. Furthermore, by collaborating with Florida Crime Stoppers, they request public assistance and issue alerts to identify suspects involved in hit-and-run crashes.
Do Hit-And-Run Charges Show Up On Your Driving Record?
Yes, hit-and-run charges typically appear on your Florida driving record and can stay there for years. A conviction may add points to your license, suspend it, and leave you with a permanent criminal record. This history can affect employment opportunities, increase insurance rates, and limit your ability to obtain certain professional licenses.
Is Probation Possible For A Hit-and-Run Charge?
Yes, probation is possible for a hit-and-run charge in Florida, particularly in misdemeanor cases or if no injuries occurred. The court may offer probation instead of jail time, especially for first-time offenders. However, conditions include fines, restitution, community service, and mandatory driving school to prevent future violations.
Who Pays for Damages in a Hit-and-Run Accident in Florida?
In Florida, your insurance usually pays first after a hit-and-run. PIP covers 80% medical expenses and 60% lost wages, while collision coverage may pay for vehicle repairs. Uninsured motorist coverage can also cover losses caused by an unidentified driver, offering financial protection when the at-fault driver cannot be found or insured.
