Facing Hit and Run Charges in Florida?
Leaving the Scene of an Accident, commonly referred to as "hit and run," is a serious criminal offense under Florida law. It occurs when a driver unlawfully departs from the site of a motor vehicle crash. Depending on the circumstances, particularly whether the accident resulted in property damage, injury, or death, a conviction can lead to significant misdemeanor or felony penalties. If you've been accused of hit and run, it may be useful to understand your legal obligations and the elements the state must prove.
An experienced attorney can mean the difference between a conviction and a dismissal or reduced charge.
Your Legal Duties After a Crash in Florida
Accidents Involving Only Property Damage (Attended Vehicle/Object)
If a crash results only in damage to another vehicle or property that is attended by someone, Florida law requires you to:
- Immediately stop your vehicle at the scene or as close as possible.
- Notify the operator or owner of the other vehicle/property of your name, address, and vehicle registration number.
- Exhibit your driver’s license, if requested.
- Provide your information to any investigating police officers.
- If the other driver or person is not in a condition to receive the information, you must report the crash to the nearest police authority.
Crashes Involving Unattended Vehicles or Property
If you collide with an unattended vehicle or property, you must:
- Immediately stop.
- Locate and notify the owner/operator, OR
- Attach securely in a conspicuous place on the property a written notice giving your name, address, and registration number.
- Without unnecessary delay, notify the nearest office of a duly authorized police authority.
Crashes Involving Death or Personal Injuries
In accidents resulting in injury or death, your duties are heightened:
- Give identifying information: your name, address, vehicle registration number, and, if available and requested, exhibit your driver’s license.
- Render "reasonable assistance" to any injured person. This includes making arrangements for carrying such person to a medical facility if it is apparent that treatment is necessary or if such carrying is requested by the injured person.
What the State Must Prove for a Hit and Run Conviction
To secure a conviction for Leaving the Scene of a Crash, the State of Florida must prove the following factual elements beyond a reasonable doubt at trial:
- The defendant was the driver of a vehicle involved in a collision resulting in property damage, injury, or death of any person.
- The defendant knew or should have known of the injury to or death of the other person.
- The defendant willfully failed to stop at the scene of the crash (or as close as possible) and remain there until they had given identifying information, OR the defendant failed to render "reasonable assistance" to an injured person if necessary or requested.
The term "willfully" means purposefully and intentionally. This is a key element that the prosecution must establish.
Specific variations exist for charges involving only damage to an attended vehicle/property versus an unattended vehicle/property, primarily focusing on whether the property was driven or attended by someone at the time.
Key Legal Definitions in Florida Hit and Run Cases
Vehicle
Every device by which person/property may be transported/drawn on a highway (excluding personal delivery devices, mobile carriers, and devices on stationary rails/tracks).
Driver / Operator
Any person driving or in actual physical control of a vehicle on a highway, or steering a towed vehicle.
Willfully
Purposefully and intentionally.
Identifying Information
Name, address, vehicle registration number, and, if available/requested, exhibition of driver’s license.
Street or Highway
Entire width between boundary lines of any way open to public vehicular traffic, or publicly maintained way open to public vehicular traffic.
Vulnerable Road User
Includes pedestrians, cyclists, those riding animals, or operating farm tractors, skateboards, roller-skates, etc., lawfully on a roadway/shoulder. An accident involving a vulnerable road user can lead to enhanced penalties.
Penalties for Leaving the Scene in Florida
The penalties for a hit and run conviction in Florida are severe and depend on the harm caused.
Accidents Involving Only Property Damage
- Classified as a second-degree misdemeanor.
- Up to 60 days in jail.
- Up to a $500 fine.
- 6 Points on Your License.
Accidents Involving Injury
- Classified as a third-degree felony.
- Up to 5 years in prison or 5 years of probation.
- Up to a $5,000 fine.
Accidents Involving Death
- This is a very serious felony offense, often charged as a first-degree felony depending on specific statutes like F.S. 316.027(2)(c).
- Penalties can include up to 30 years in prison and a $10,000 fine.
- May involve mandatory minimum prison sentences under certain conditions.
Body Worn Camera (BWC) Footage & Forensic Video Analysis
Body Worn Camera (BWC) footage has become a standard and often critical piece of evidence in traffic cases. It hopefully captures the interaction at the scene between the officer and the other driver and the law enforcement investigation. This video provides a visual record that can either corroborate or contradict officer testimony and reports. It is often the case the police reports emphasize all the bad while overlooking all the good. Body camera footage often balances against the police report.
Merely watching the video isn't enough. A thorough defense requires detailed analysis. At Lotter Law, we utilize Adobe Premiere Pro and other video editing software to conduct in-depth analysis of BWC recordings.
Forensic Video Analysis Requires Professional Software
- Frame-by-Frame Review: Allows detailed analysis of key moments, such as SFST performance, key interactions, or procedural steps.
- Highlighting Inconsistencies: Makes it easier to identify discrepancies between the officer's written report/testimony and the actual events captured on video.
- Analyzing Officer Demeanor: Can reveal cues about the officer's training, bias, or adherence to protocol.
- Creating Exhibits: Enables the creation of clear, focused video clips to present as evidence in court or negotiations, demonstrating specific points of your defense.
- Syncing Multiple Body Camera Clips: Combining multiple body camera recordings onto a single synchronized timeline offers clarity on each officer’s perspective, positioning, and interactions in real-time. While not a major factor in every case, this nuanced approach can significantly influence outcomes by providing critical context.
- Identifying Intentional Camera Gaps and Missing Footage: Beyond recognizing technical glitches, we closely scrutinize when officers purposely deactivate their cameras, tracking the duration, timing, and individuals present. This investigation aims to reveal and challenge the justification for intentionally turning off body cameras.
Leveraging Jeff Lotter's experience from being on the "other side" of the camera, combined with detailed video analysis using industry-standard tools, allows us to uncover details that can be crucial to challenging the State's evidence and building a robust defense for your hit and run case.
Why Choose Lotter Law for Your Hit and Run Defense?
Navigating a hit and run charge requires specific knowledge of law enforcement procedures, legal standards like probable cause, and effective defense strategies. At Lotter Law, our unique background provides a distinct advantage:
Former Law Enforcement Insider
Jeff Lotter served as a Florida State Trooper and a Deputy Sheriff. He understands how hit and run investigations are conducted from the inside – how officers are trained (he was an instructor!), what procedures they must follow, and where errors can occur. This is invaluable when challenging the State's evidence.
Data-Driven Defense Strategy
We collect and analyze case data from the Orange County Clerk of Court. This gives us unique insight into trends in case dispositions, officer patterns, and judicial tendencies. We use this data to inform our strategy, anticipating challenges and building a defense tailored to your specific circumstances within the local legal landscape.
When your future is on the line, you need an attorney who understands the intricacies of traffic law and the local system. Lotter Law provides the experienced, strategic, and data-informed defense you need.
Meet Our Dedicated Team
Jeff Lotter
Attorney | Founder
An experienced Orlando attorney, Jeff brings more than two decades of front-line law enforcement and legal experience to every case. As a former Florida State Trooper and Orange County Deputy Sheriff, he offers clients a powerful advantage: insider knowledge of police procedures and prosecution strategies. Now solely dedicated to criminal defense, Jeff—a Military Veteran —approaches the courtroom as a battlefield. You, the client, are the General; Jeff is the battlefield commander executing your mission. Grounded in his Christian faith and committed to protecting freedom, Jeff sees every case as an opportunity to push back against government overreach and defend the individual against unjust intrusion. Married for over 20 years with two children, he brings the same unwavering dedication to protecting your rights as he does to his own family.
Stacy Sanchez
Senior Legal Assistant
Since beginning her legal career in 2014, Stacy has brought unwavering dedication to the field of criminal defense. She joined Lotter Law in 2021 and has since become an integral part of the team, known for her reliability, compassion, and sharp attention to detail. Originally from New York and raised in Orlando, Stacy blends tenacity with a warm, client-centered approach. Driven by a deep desire to help others, she believes every person deserves to be treated with dignity and respect—especially during some of the most difficult moments of their lives. Her strong family values guide her empathetic communication and relentless work ethic. With over a decade of experience and a genuine passion for criminal defense, Stacy continues to make a meaningful impact every day at Lotter Law.
Marissa Rodriguez
Legal Assistant
Born and raised in Orlando, Florida, Marissa joined the firm in 2022 with a strong passion for criminal defense. She has become a valued member of the team, known for her strong work ethic, and dedication to client service. Graduating at the top of her class, Marissa brings both academic excellence and practical experience to her role. Her hardworking and reliable nature ensures that every case is handled with care and precision.
Frequently Asked Questions
Generally speaking there is no automatic suspension of your driver's license for a hit and run crash. However, if you are convicted of hit and run there will be six points added to your diving record.
If you are convicted of hit and run it's on your criminal record forever. The only way to clear your record is to have the charges dropped, reduced, or be found not guilty. In those circumstances you may be eligible to have the hit and run charge Sealed or Expunged. This will also appear on your driving record. It's my understanding that driving entries on your record last for 75 years.
Our founder, Jeff Lotter, brings 10 years experience as a criminal defense attorney combined with 18 years of law enforcement experience. He spent several years as a State Trooper investigating traffic accidents. 20 years of combined experience as a defense attorney, former Florida State Trooper, and former Deputy Sheriff. This unique background provides invaluable insight into law enforcement procedures. Additionally, we utilize a data-driven approach, analyzing thousands of local cases to identify trends and build stronger defense strategies for our clients.
We offer free initial consultations to discuss your case. We offer flat-fee quotes so you know the cost upfront. Payment plans may also be available. The exact cost depends on the complexity of your specific case, which we can discuss during your consultation. If you're looking for a number $1,500-$4,500
Office Consults By Appointment Only
Law Office of Jeff Lotter PLLC
200 E Robinson St Suite 1140
Orlando, FL 32801
Serving Central Florida, including Orange County.
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Law Office of Jeff Lotter PLLC | 200 E Robinson St Suite 1140, Orlando, FL 32801