Legal Question in Traffic Law in Florida

Re: Hit and Run

Hello: I just read your question. Please note that this is not a formal legal opinion since we are not in an attorney/client relationship. This is merely a discussion of general legal principles.

If one is actually charged with hit and run with PROPERTY DAMAGE ONLY, this would be a misdemeanor. If there was an injured person (other than in that person's vehicle), it could be a felony.

I will discuss the misdemeanor case only. A defendant has a couple of choices to get the case disposed of. One can negotiate a reasonable plea agreement with the State and plead no contest. The other disposition would be to decline to plead and get a trial either before the judge only or before a jury (you should definitely have an atty. if you want a jury trial). You could also hope the State would drop the charge (only if they have a horrible case).

Usually the most important factor in offer to plead from the State Attorney is one's prior record. If there is no prior record and the property damage is not that bad, the State will offer a sentence of defendant paying restitution to the victim and court costs and it is gone. If the defendant needs time to pay the damages, they will want the def. on probation to make sure it gets paid. When the damages are paid, prob. is terminated. I just had a client with this charge and no prior record. We kept passing the case until we had proof of the amount of damages victim said was needed and gave my client time to get me the $180.00 or so. This allowed her to give the damages $ to the State atty. at sentencing so she will not need to be put on prob.

Usually, if the def. has no prior record, the State will recommend and the court will agree to a WITHHOLD of ADJUDICATION OF GUILT. This means it IS NOT a conviction. An adjudication of guilt IS a conviction.

'Hope this helps. If my office can ever be of assistance in North Fla., please give us a call. Tom Rosenblum, Jacksonville.