Leaving the Scene of a Crash in Florida: Hit and Run Charges and Defense

By Daniel D. Nawara, Sarasota criminal and DUI defense attorney. Last updated October 5, 2026.

People leave crashes for many reasons: panic, fear, no license, or not realizing anything happened. In Florida, leaving the scene is a crime, and the charge can be far more serious than the crash itself. If the police are looking for you or your car, what you do next matters.

This page explains what the law requires, the penalties, and how these cases are defended in Sarasota and Manatee County.

What Florida law requires after a crash

A driver involved in a crash must stop immediately at the scene, or as close to it as possible, and stay until the legal duties are met:

Give your name, address and vehicle registration number
Show your driver license if asked
Give that information to the other driver, an injured person, or a police officer
Give reasonable help to anyone who is injured, including arranging for medical care

If you hit an unattended car or other property, you must find the owner or leave a written note with your name, address and registration number, and report the crash to police.

Charges and penalties

Property damage only (section 316.061): second-degree misdemeanor, up to 60 days in jail and a $500 fine.
Unattended vehicle or property (section 316.063): second-degree misdemeanor, up to 60 days in jail and a $500 fine.
Crash with injury (section 316.027): third-degree felony, up to 5 years in prison and a $5,000 fine.
Crash with serious bodily injury: second-degree felony, up to 15 years in prison and a $10,000 fine.
Crash with a death: first-degree felony, up to 30 years in prison, with a mandatory minimum of 4 years.

For the felony charges the statute also requires the court to revoke the driver license for at least 3 years and to order restitution unless there are clear and compelling reasons not to. A property damage conviction with more than $50 in damage puts 6 points on your license, and the court can order restitution.

If the police call or come to your door

Many hit and run cases start with a tag number, a witness description or a piece of a bumper. The police then go looking for the registered owner. Owning the car is not the same as driving it, and the State has to prove who was behind the wheel.

You do not have to answer questions about where you were or who was driving.
Do not let an officer talk you into explaining it informally. Statements made to police in these cases are often the main evidence.
Do not repair, clean, move or hide the vehicle.
Call a defense lawyer first. In the right case a lawyer can contact the investigator for you.

How leaving the scene is defended

Knowledge. Florida courts require proof that the driver knew a crash happened. For the felony charges the State also has to prove the driver knew, or should have known, that someone was hurt. A light tap in a parking lot, a trailer clip, or a loud road at night can make this a real issue.
Identity. A tag number identifies a car, not a driver.
You did stop. The duty is to stop and exchange information. If you stopped, spoke with the other driver and left when it appeared settled, that is different from fleeing.
Safety or emergency. Leaving to get to a safe place or to get help can matter.
Statements and evidence. How the police got an admission or located the vehicle can be challenged.
The outcome. In a property damage case, early restitution and a clean record can open the door to a dismissal, diversion or a reduced charge. No outcome can be promised.

What to do now

Do not talk to the police or the other driver's insurance company about the crash.
Leave the vehicle as it is.
Keep any photos, messages, receipts or location data from that day.
Write down what you remember.
Talk with a defense lawyer right away, before you are contacted if possible.

Frequently asked questions

Is leaving the scene a felony in Florida?

It depends on the crash. Property damage only is a misdemeanor. If anyone was injured it is a felony, and the degree rises with the injury.

What if I did not know I hit anything?

Knowledge is something the State has to prove. Whether a driver knew about the crash is one of the most common issues in these cases.

I left, but I want to make it right. Should I go to the police?

Talk with a lawyer first. There are ways to take responsibility without handing the State its case, and how it is done matters.

Will I lose my license?

For the felony charges the statute requires at least a 3-year revocation on conviction. A misdemeanor conviction adds points and can affect insurance.

Can a hit and run charge be dropped?

Sometimes, especially in a property damage case where the damage is paid and the evidence of who was driving is weak. It depends on the facts.

What if I had been drinking?

The State may try to add a DUI charge, but proving impairment after the fact is difficult. Do not discuss it with anyone but your lawyer.

Talk with a lawyer before you talk to the police

Nawara Law defends leaving the scene and other criminal traffic charges in Sarasota, Manatee and the surrounding counties. Call or text (941) 920-5514, nights and weekends too, or request a free consultation with former prosecutor Daniel D. Nawara.

General information only, not legal advice. No outcome is guaranteed. Contacting the firm does not by itself create an attorney-client relationship.