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Hit and run

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skr

Junior Member
What is the name of your state (only U.S. law)? Florida

I recently hydroplaned into a highway median. I did not hit anything or anyone. It was late and had been raining - I left my car there and walked home (a few miles away) to get my truck to pull my car out. When I got back my car had been impounded and I was later cited with a hit and run. The officer said I caused $500 worth of damage, but it was nothing more than tire tracks in a swampy ditch. About two weeks later the tracks were gone as it grown back in (I have pics of the day after and two weeks later). I have no criminal history and my driving record is excellent. How likely is it that I can get this dropped or at least lowered? - right now it is a misdemeanor. I did not even know that I could not leave it there.
 


I_Got_Banned

Senior Member
Was this the statute that you were cited for?

316.061 Crashes involving damage to vehicle or property.--
(1) The driver of any vehicle involved in a crash resulting only in damage to a vehicle or other property which is driven or attended by any person shall immediately stop such vehicle at the scene of such crash or as close thereto as possible, and shall forthwith return to, and in every event shall remain at, the scene of the crash until he or she has fulfilled the requirements of s. 316.062. A person who violates this subsection commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. Notwithstanding any other provision of this section, $5 shall be added to a fine imposed pursuant to this section, which $5 shall be deposited in the Emergency Medical Services Trust Fund.​

And here is 316.062:

316.062 Duty to give information and render aid.--
(1) 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 which is driven or attended by any person shall give his or her name, address, and the registration number of the vehicle he or she is driving, and shall upon request and if available exhibit his or her license or permit to drive, to any person injured in such crash or to the driver or occupant of or person attending any vehicle or other property damaged in the crash and shall give such information and, upon request, exhibit such license or permit to any police officer at the scene of the crash or who is investigating the crash and shall render to any person injured in the crash reasonable assistance, including the carrying, or the making of arrangements for the carrying, of such person to a physician, surgeon, or hospital for medical or surgical treatment if it is apparent that treatment is necessary, or if such carrying is requested by the injured person.

(2) In the event none of the persons specified are in condition to receive the information to which they otherwise would be entitled under subsection (1), and no police officer is present, the driver of any vehicle involved in such crash, after fulfilling all other requirements of s. 316.027 and subsection (1), insofar as possible on his or her part to be performed, shall forthwith report the crash to the nearest office of a duly authorized police authority and submit thereto the information specified in subsection (1).

(3) The statutory duty of a person to make a report or give information to a law enforcement officer making a written report relating to a crash shall not be construed as extending to information which would violate the privilege of such person against self-incrimination.

(4) A violation of this section is a noncriminal traffic infraction, punishable as a nonmoving violation as provided in chapter 318.​

So you were involved in an accident that did cause damage (at least to your vehicle (note the statute says "any vehicle")), and rather than staying at the scene to report the accident forthwith, you opted to forgo that requirement... and instead, left the scene...

Did the officer overstate the amount of damage? Possibly...

Does the statute require a certain amount of damage for you to be in violation? I personally don't interpret it is saying as much.

Can you get it reduced? Nobody here can tell you what the prosecutor will agree to. You can at least try.

I haven't looked at s. 775.082 or s. 775.083 but depending on the severity of the potential penalty offered under those sections, I would suggest that you consult with an attorney. This is, after all, a misdemeanor that upon conviction, will stay on your permanent record.
 

skr

Junior Member
No damage to any car including my own

There was no damage to any car. I drove my car home from where it had been towed.
 

Banned_Princess

Senior Member
There was no damage to any car. I drove my car home from where it had been towed.
Cars are not the only "property" that can be damaged. You damaged the states property, you should have called the police to the accident.. oh well live and learn.

There was enough damage to your car that you couldnt pull it out without leaving the scene.
 

skr

Junior Member
Actually the car was just stuck - there wasn't any damage to the car. In any case, I have an attorney on it, and hopefully he will be able to get it reduced to where I just pay a fine and maybe court cost without any points and no criminal record.
 

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