Leaving the Scene of a Crash with Death

Florida Statute § 316.027(2)(c) makes it a first-degree felony for a driver involved in a crash that results in death to fail to remain at the scene, render aid, and provide identifying information. The penalty includes up to 30 years in prison and a four-year mandatory minimum, added by the Aaron Cohen Life Protection Act of 2014.

What the Statute Says

Section 316.027 imposes specific affirmative duties on any driver involved in a crash. The statute escalates in severity based on what occurred in the crash. Subsection (2)(c) is the most serious tier, applying when the crash results in a death.

Section 316.062 sets out the affirmative duties: stopping immediately, providing name, address, vehicle registration, exhibiting driver's license, and rendering reasonable assistance to any injured person, including arranging for medical treatment if necessary.

Elements the State Must Prove

To convict under § 316.027(2)(c), the prosecution must prove four elements beyond a reasonable doubt:

1. The defendant was the driver of a vehicle involved in a crash on public or private property.
2. The crash resulted in the death of another person.
3. The defendant knew, or reasonably should have known, that the crash occurred and that it resulted in injury or death.
4. The defendant willfully failed to stop at the scene, remain at the scene, render aid, and provide identifying information as required by § 316.062.

Knowledge of the crash is the element most often contested at trial. The State frequently relies on circumstantial evidence such as vehicle damage, debris recovered at the scene, and the driver's actions after the crash.

Penalties Under § 316.027(2)(c)

Imprisonment

A first-degree felony in Florida carries a maximum prison sentence of 30 years under § 775.082. The Aaron Cohen Life Protection Act of 2014 added a mandatory minimum of four years in prison for leaving the scene of a crash involving death. The mandatory minimum cannot be reduced through ordinary plea bargaining and is not subject to gain time during the four-year period.

Driver's License

A conviction triggers mandatory revocation of the defendant's driver's license for at least three years.

Other Consequences

• Up to $10,000 in statutory fines, plus court costs and restitution.
• Permanent felony record. Cannot be sealed or expunged.
• Loss of civil rights, including firearm possession, until restored.
• Significant exposure in a parallel wrongful death civil action.

When Charged Alongside DUI Manslaughter

The leaving-the-scene statute is frequently charged in the same information as DUI manslaughter when the State alleges that the driver was impaired and fled. In that situation, the defendant faces two separate felonies arising from the same incident:

• DUI manslaughter under § 316.193(3)(c)3: second-degree felony, 4-year mandatory minimum, 15 years maximum.
• Leaving the scene with death under § 316.027(2)(c): first-degree felony, 4-year mandatory minimum, 30 years maximum.

The two charges have different elements and do not violate double jeopardy. Sentences may be imposed concurrently or consecutively at the court's discretion, subject to the constraints of the sentencing guidelines.

Common Defenses

• Lack of knowledge of the crash. The State must prove the defendant knew or should have known a crash occurred and resulted in injury or death. Cases involving low-impact collisions, dark conditions, or minor vehicle damage may support this defense.
• Identity. Where the State cannot prove beyond a reasonable doubt that the defendant was the driver at the time of the crash, the prosecution fails on its first element.
• Compliance with statutory duties. If the defendant remained at the scene long enough to provide information and reasonable aid, the failure-to-remain element may be defeated.
• Necessity or duress. A defendant who left the scene to seek immediate emergency medical care, or because of a credible threat of serious harm, may have a recognized affirmative defense.
• Causation of death. The death must have resulted from the crash. Where an intervening medical event or unrelated cause is the actual cause of death, the statute may not apply.

Related Florida Statutes

Frequently Asked Questions