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Blog · October 30, 2014

LSA / Leaving the Scene of an Accident / Property Damage Only / LSA-Injuries / Surrender / Hire a Lawyer / AVVO / Michael A. Haber, Esq. **ARRESTED / **305DUI

Q:     Is it leaving the scene of an accident if i was unaware or the accident.  I was unaware of a slight rub of a parked vehicle when leaving a parking space i have a large truck and weather was very windy.

A:    

Locally licensed lawyer

For questions involving state laws, lawyers who are licensed in the same state as the asker are often able to provide more relevant answers than out-of-state lawyers.

For questions involving federal laws (e.g., immigration or patents), this distinction is unimportant.

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Michael Adam Haber

Michael HaberLearn more. ” href=”http://www.avvo.com/legal-answers/is-it-leaving-the-scene-of-an-accident-if-i-was-un-1576379.html#!” rel=”nofollow” style=”-webkit-transition: all 0.3s ease; color: #006699; text-decoration: none; transition: all 0.3s ease;”>PRO

Criminal Defense Attorney – Miami, FL

Contributor Level 20

9 lawyers agreed with this answer

Christopher Robert Dillingham II
Christopher Robert Dillingham II
Criminal Defense Attorney – Winter Park, FL
Alberto Marino Quirantes Jr.
Alberto Marino Quirantes Jr.
Criminal Defense Attorney – Miami, FL
Jonathan Burton Blecher
Jonathan Burton Blecher
Criminal Defense Attorney – Miami, FL
Alec Larkin Weber
Alec Larkin Weber
Criminal Defense Attorney – Orlando, FL
Betty Elaine Jones
Betty Elaine Jones
Criminal Defense Attorney – Brandon, FL
Clifford M. Miller
Clifford M. Miller
Personal Injury Lawyer – Vero Beach, FL
Ronald William Slonaker
Ronald William Slonaker
Criminal Defense Attorney – Ocala, FL
John Patrick Guidry II
John Patrick Guidry II
Criminal Defense Attorney – Orlando, FL
David A. Papa
David A. Papa
Car / Auto Accident Lawyer – Clearwater, FL

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Lawyers agree
Answered . Unfortunately, intent (or knowledge) is not a requirement for leaving the scene of property damage just like intent is not part of the element of speeding or failure to obey a stop sign. You, as a driver, are tasked with being aware of roadway conditions, traffic, and all attendant circumstances. 

The good news is that if it only involved property damage and if you contact the law enforcement agency’s “hit and run” division and provide them with your driver, registration and insurance information then the overwhelming odds are that you will be given a citation (or 2) and sent on your way. If there were injuries then all bets are off. You are facing a felony and will have to be arrested and booked. 


It is always best to have a lawyer broker the transaction for you, as a lawyer can assist you in ensuring that you are treated properly, fairly and do not make incriminating statements against your own interest. (If you go in alone, pro se, then the cops most likely will seek to torque a statement out of you, albeit probably in a gentle / psychological manner.) 

Either way my advise is for you to hire a 407 area criminal defense lawyer to assist you in brokering your “surrender” and providing you assurances as to what will happen, how it will happen and being prepared to deal with whatever eventualities may come your way.

I hope this has been helpful and wish you good luck.

First, second and third: No attorney-client relationship exists by virtue of any Q&A with Michael A. Haber, Esq. on Avvo. Fourth: Anything that you post on Avvo (or on similar sites) or on any social media is by its nature public. It is essentially an admission / confession and can be introduced into evidence as a statement against your interest in a subsequent legal proceeding. Once posted you lose any reasonable expectation of privacy, so, as this is an open forum (with no privilege attached), please be extra careful when considering what to post online (forewarned is forearmed.)
Established in 1991, Michael A. Haber, P.A. has an unblemished record of providing creative, effective and zealous representation to clients, primarily in South Florida, on a wide variety of criminal matters ranging from DUI to drug trafficking and from misdemeanors to first degree murder. 

At Michael A. Haber, P.A. “Its all about reasonable doubt”!

Michael A. Haber, Esq. is prepared to speak with you about your case!

1-888-SHARK-8-1, 305-798-2220, **ARRESTED, **305DUI, **MIAMIDUI, **MIAMILAW or **HABERLAW.

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