DISCLAIMER: The results are specific to the facts and legal circumstances of each of the clients’ cases and should not be used to form an expectation that the same results could be obtained for other clients in similar matters without reference to the specific factual and legal circumstances of each client’s case.
Levi was charged with a second degree felony after accidentally hitting an individual crouched behind a trash bin and continuing to drive on. Luckily for Levi, who was potentially facing a lengthy prison sentence, we were able to get his case reduced to a misdemeanor. And after sealing his record, Levi no longer had to worry about the incident haunting his future employment/financial endeavors.
There was much to be concerned about. While the penalty Levi could have expected to receive (had he only left the scene of an accident resulting in property damage) would have been probation, minor fines, and the possibility of points against his license (Florida Statute 316.061), the penalties for failing to stop at the scene of a crash involving serious bodily injury carried a possible 10 to 15 year prison sentence and thousands of dollars in fines.
Levi was driving down a residential street in Sunrise when he accidentally steered too close to a driveway swale and ended up hitting a trash can that, unbeknownst to him, happened to have a young adult male crouching behind it (the individual was bending down to pick up strewn bits of garbage). Levi, who was under the impression that all he did was cause a bit of damage to an easily replaceable city garbage receptacle, simply kept on driving. It was only upon further investigation by Sunrise PD that Levi would eventually become aware of the full extent of his actions.
Nevertheless, because Levi left the scene of an accident that resulted in a serious injury, he was considered to be in breach of Florida Statute 316.062, which requires individuals involved in such accidents to not only stay on the scene but to also provide relevant identifying information and render any appropriate aid to the injured. Because Levi allegedly failed on all three accounts, he faced severe legal repercussions.
The strategy for Levi’s case centered on his ignorance of having hit someone in the first place. In order for the State to have convicted Levi of the initial charges brought upon him, it was first necessary that they prove beyond a reasonable doubt that he was aware that his crash resulted in an injury to another party, and that he willfully failed to provide identifying information and reasonable assistance (FL Jury Instruction 28.4). Because of an inability to do so, coupled with the strong case we made testifying to the opposite, State Prosecutors agreed to reduce Levi’s charge, thereby sparing him from spending almost a quarter of his life in a cell.
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Rossen Law Firm’s legal team understands what’s at stake when you’re charged with a crime in South Florida. We’re committed to defending you and protecting your rights. Our legal team is ready to create a customized strategy for your case to fight for the best possible outcome. We handle Criminal, DUI, Federal, Domestic Violence, Marchman Act & Baker Act cases, and more.
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