Orange Orlando Osceola Sanford Seminole County County Leaving The Scene Of An Accident Attorney
By Heiko G. Moenckmeier, Esq. 407.504.1384
DID YOU GET ARRESTED OR RECEIVE A NOTICE TO APPEAR FOR CRIMINAL LEAVING THE SCENE OF THE ACCIDENT
If yes, experienced local Orlando Leaving the Scene lawyers are here for you. Call 407.504.1384 for your free Strategy Session.
If you’ve been arrested for Orlando Hit and Run by the police, you need an experienced local attorney. There are defenses that an experienced criminal defense attorney could sniff out in order to try and get your charges dropped. Our goal first and foremost is to try and get your criminal case dropped and if the client does not want to mitigate the damage of an arrest, to present the client and defenses to a jury in a jury trial. In Orlando/ Orange County there were 774 leaving the scene criminal citations issued in 2014. Since it is a criminal traffic citation, there are no diversion programs available for first time offenders, unlike other criminal charges. A conviction for an Orlando Leaving the Scene of an Accident where there was NO bodily injury or death results in at least six (6) points on your drivers license, jail time, probation, fines and court costs, a criminal record and an increase in your car insurance. If the accident resulted in serious bodily injury or death, a conviction could cause the Judge to sentence you to multiple years in prison. Injury points on the Florida Sentencing Scoresheet are determined by the level of injury (minor, medium, great) and prison becomes a very real possibility. If there’s a dead body, you DEFINITELY will need an experienced attorney.
Call experienced Kissimmee Lake Mary Sanford Orlando leaving the scene attorney, Heiko Moenckmeier at 407.504.1384.
WHAT ARE MY DEFENSES TO AN ORLANDO LEAVING THE SCENE OF THE ACCIDENT / HIT AND RUN
The following are common defenses (ones we’ve pulled off in the past for our clients!)
It wasn’t me. This puts you in a difficult situation- maybe a loved one was driving your car and fled the scene of an accident. You don’t want to rat them out, but you don’t want to be convicted. An aggressive attorney can help you with that defense. Chances are, you explained this to the cops already and they didn’t believe you (otherwise, why are you reading this article?) Call Heiko Moenckmeier 407.504.1384. or Email him through the ‘Contact Us’ portion of this website.
They entered my home or garage without a warrant. Oftentimes, zealous law enforcement officers will find out the address the car is registered to and go to the home. We have seen cases where the officer doesn’t obtain a warrant and enters the garage of the home after the car has pulled up. This may be a valid defense that anything you said without a warrant is inadmissible as would be the officer’s observation of your vehicle, if the Judge finds that the officer should have had a warrant.
I didn’t know I hit anything. Sometimes, the bump is so minor that the driver of the vehicle doesn’t feel anything in the car, so he or she doesn’t know to look. A zealous witness might have seen it and called in the plate number and vehicle description, and the person gets a citation for leaving the scene. The prosecutor will have to prove that the person KNEW they hit something AND they left knowing that they hit something and had an obligation to stop. Oftentimes, that is difficult for the prosecution to prove. This defense may require a jury trial. Fortunately, Orlando leaving the scene of accident attorney Heiko Moenckmeier has taken many criminal cases to trial and has the experience you need to take YOUR case to trial.
I pulled over when I had the chance to because the road conditions didn’t allow me to pull over right at the scene of the crash. The person never pulled off the highway or road and called the police. This is quite common on certain sections of highways and roadways- no place to pull over. Maybe the other driver is scared or has something to hide, and its easier for them to call the cops and say you left then it is for them to follow you. Regardless, the prosecutor will have a difficult time convicting you, but you should hire an attorney to put forth your argument for you. Unfortunately, if the cop didn’t buy it, the prosecution might not either. This may also become a jury trial case.
SHOULD I TAKE PICTURES OF MY CAR AND THEIR CAR? YES! These photos are important, even crucial, to your defense (as well as trying to keep your insurance costs down- the insurance companies will want them as well). The pertinent Florida Statutes are as follows: Damaging an Unattended Vehicle or Property (Florida Statue 316.063) The duty of a driver who hits unattended property must put forth effort to locate the owner of the damaged property. If the owner can’t be located, the driver should visibly leave a note indicating his or her name, address and registration information. The driver is also required by law to contact law enforcement and notify them of the crash. Failure to comply is a 2nd degree misdemeanor punishable by up to 60 days jail, 6 months probation, a combination of both a fine up to $500.00, court costs, cost of investigation and cost of prosecution. Accidents Involving Occupied Vehicles or Attended Property (Florida Statute 316.061) A driver who crashes into an occupied vehicle or attended property that results only in property damage is required to remain at the scene of the accident until he or she exchange name, address registration and insurance and notifying law enforcement of the accident. Failure to comply is a 2nd degree misdemeanor punishable by up to 60 days jail, 6 months probation, a combination of both a fine up to $500.00, court costs, cost of investigation and cost of prosecution. This is only for a basic leaving the scene where no one was injured. Leaving the scene involving Injury or Death to another person enhances the severity of the crime and potential for jail or prison. You should definitely call us for a Defense Strategy Session if you were arrested for a Leaving Scene of Accident with Great Bodily Harm or Death. 407.504.1384.
