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Leaving The Scene Of Crash Involving Death – Actual Knowledge Required

| Sep 6, 2019 | Criminal

The criminal traffic charge of Leaving the Scene of an Accident (LSA) or Hit and Run from a crash involving a death is a serious felony.

An appellate court considering a case of leaving the scene of a crash involving death, addressed the issue of whether the jury instructions should require that the driver had to have actual knowledge of the crash or should read that the accused knew or should have known about the crash. There is a big difference between the two.

Even though the Florida Supreme Court has ruled that actual knowledge of a crash is a required element, the driver in that case, did not dispute the fact that a crash had occurred. Instead, she claimed to have believed at the time that she had hit a traffic cone or barrel. Disputing what was struck means that she admitted having actual knowledge of the crash and then appealed claiming actual knowledge was an issue. This is another example that the only thing media has correct is that anything said or done will be used against the accused. She admitted the crash; the actual knowledge requirement was upheld but that didn’t help the Appellant who admitted knowledge of the crash.

The minimum penalty for hit and run or LSA with a death is four (4) years in prison and a three (3) year revocation of the driving privilege. The revocation period of the driver’s license does not start until the defendant is released from prison. (Read more about Hit and Run – Leaving the Scene of an Accident). These are serious cases. Normally, a person accused will also have to consider hiring an expert to reconstruct the accident. It is imperative that you hire a lawyer and expert with experience litigating or taking these accident cases to trial.

If you or a loved one is accused of leaving the scene, click, call or fill out the form to hire a criminal traffic attorney.

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