Criminal Defense
Since 1993
Since 1993
Hit a Parked Car in Orlando? What Florida Law Really Requires
By: John Guidry
Given the number of accident attorney billboards, it’s safe to say that accidents are a daily occurrence on Orlando’s streets. But what happens if the car you hit is parked and unoccupied? Must you stay at the scene and track down the owner? Is it a crime to leave?
The answer is more complicated than you might think, and it involves two different Florida statutes.
Charged After Hitting a Parked Car in Orlando? The State may have charged you under the wrong law. A deep knowledge of the statutes is your best defense. Call my office for a free case analysis. Call John Guidry: (407) 423-1117
The Crime You Did NOT Commit
The criminal charge most people know as “Leaving the Scene of an Accident” is governed by Florida Statute 316.061. This law makes it a second-degree misdemeanor to leave the scene of a crash involving damage to a vehicle or property that is “driven or attended by any person.”
The key phrase here is “attended by any person.”
The case of Colbert v. State, 2010 WL 4861708 (Fla. 4th DCA 2010), illustrates this perfectly. Mr. Colbert hit a parked car and left the scene. He was arrested and convicted of Leaving the Scene of an Accident. The appellate court threw out the conviction. Their reasoning was simple: the car he hit was parked and unoccupied. Because there was no evidence the vehicle was “driven or attended by any person,” he could not be guilty of violating that specific criminal statute.
The Duty You DO Have
This does not mean you can simply drive away. A different law, Florida Statute 316.063, covers accidents involving damage to an unattended vehicle or property. This statute is a non-criminal traffic infraction, not a crime. It requires you to do the following:
- Stop immediately at the scene.
- Attempt to locate the owner or operator of the vehicle.
- If you cannot find them, you must leave a note in a conspicuous place on the vehicle that includes your name, address, and vehicle registration number.
- Report the crash to the nearest police department without delay.
Failing to follow these steps is a traffic violation, but it is far less serious than the criminal charge police often mistakenly write.
John’s Takeaways
- The criminal charge of “Leaving the Scene of an Accident” (§ 316.061) only applies if you hit a vehicle that is occupied or attended by a person.
- If you hit a parked, unoccupied car, you cannot be found guilty of that specific crime, as proven in the Colbert v. State case.
- However, a different law (§ 316.063) requires you to stop, attempt to find the owner, and leave a note with your information.
- Failing to leave a note is a non-criminal traffic infraction, which is far less severe than the criminal misdemeanor charge for leaving an accident with an attended vehicle.
- An attorney with a deep knowledge of Florida’s traffic statutes can ensure you are not improperly charged with a crime for what should have only been a traffic ticket.
If you find yourself in this situation in Orange, Seminole, Osceola, Lake, Brevard, or Volusia County, call my office. I have been helping clients navigate these technical legal issues since 1993.
If you’d like to learn more about leaving the scene of an accident, but you’re sick of reading, the good news is that you can check out this video entitled: Leaving the Scene of an Accident: A Serious Charge and What You Can Do about It.
For more reading materials on leaving the scene, here’s another website discussion of the issue: https://www.jgcrimlaw.com/practice-areas/traffic-violations/leaving-the-scene-of-an-accident/
About John Guidry II
John Guidry II is a seasoned criminal defense attorney and founder of the Law Firm of John P. Guidry II, P.A., located in downtown Orlando next to the Orange County Courthouse, where he has practiced for over 30 years. With more than three decades of experience defending clients throughout Central Florida since 1993, Guidry has successfully defended thousands of cases in Orange, Seminole, Osceola, Brevard, Lake, and Volusia counties. He has built a reputation for his strategic approach to criminal defense, focusing on pretrial motions and case dismissals rather than jury trials.
Guidry earned both his Juris Doctorate and Master of Business Administration from St. Louis University in 1993. He is a member of the Florida Bar and the Florida Association of Criminal Defense Lawyers. His practice encompasses the full spectrum of Florida state criminal charges, with a particular emphasis on achieving favorable outcomes through thorough pretrial preparation and motion practice.
Beyond the courtroom, Guidry is a prolific legal educator who has authored over 400 articles on criminal defense topics. He shares his legal expertise through his popular YouTube channel, Instagram, and TikTok accounts, where he has built a substantial following of people eager to learn about the law. His educational content breaks down complex legal concepts into accessible information for the general public.
When not practicing law, Guidry enjoys tennis and pickleball, and loves to travel. Drawing from his background as a former recording studio owner and music video producer in the Orlando area, he brings a creative perspective to his legal practice and continues to apply his passion for video production to his educational content.