“They Think You’re Drunk”: Why Leaving the Scene is Harder to Defend Than You Think

By: John Guidry

What do the police think when someone leaves the scene of an accident in Orlando?

1. They assume the driver is Drunk.
2. They assume the driver has Drugs in the car.
3. They assume there is a Dead Body in the trunk.

The Problem: For the prosecutor and the judge, you aren’t just a scared driver; you are a criminal trying to cover up a worse crime.

• The Reality: The truth is rarely that interesting. Most people just panic. Just a bad decision in the heat of the moment.
• The Good News: Despite the police fantasies, these cases are beatable.

Did you panic and drive away?

Don’t let a bad decision become a felony. Call John today at (407) 423-1117.

Defense #1: The Medical Attention Defense

My favorite defense involves situations where the driver was physically unable to report the crash because they were seeking medical help.

• The Law: Florida Statute 316.064 states that a crash report is not required from any person who is “physically incapable of making a report.”
• The Logic: Your health comes first! If you left to get to a hospital or Urgent Care, you have a statutory defense.
• The Standard: You don’t need to leave in an ambulance. If a friend drove you to CentraCare, and we can document that visit, it can be a complete defense to the charge.

Defense #2: Proof of Damage (The “Tree Didn’t Die” Defense)

This defense creeps up on you.

• The Assumption: Everyone assumes that if your car is totaled and you ran, you are guilty.
• The Law: To commit LSOA, there must be damage to someone else’s vehicle or property.
• The Loophole: Damage to your own car doesn’t count.

The Case: Powell v. State In Powell, the driver crashed into a barricade and fled.

• The Evidence: The State had photos of Powell’s totaled car.
• The Verdict: The conviction was thrown out. Why? Because the State failed to prove the barricade was damaged. If you hit a concrete wall and the wall is fine, you haven’t committed the crime of LSOA (property damage), even if your car is destroyed.

The Severity: Misdemeanor vs. Mandatory Prison

The punishment depends on what you hit and who was hurt.

1. Unattended Vehicle/Property (Misdemeanor)

• The Duty: If you hit an empty parked car, you must stop and locate the owner OR attach a note with your info in a conspicuous place.
• The Penalty: If you fail to leave a note, it is a 2nd Degree Misdemeanor (60 days jail max).

2. Attended Vehicle/Injury (Felony)

• Injury: If someone was hurt, it becomes a 3rd Degree Felony.
• Death: If someone died, it is a 1st Degree Felony with a Mandatory Minimum 2-Year Prison Sentence.

Note regarding Restitution: A conviction for LSOA does not automatically allow the court to force you to pay for the accident damages. Leaving the scene is a crime, but it doesn’t prove you caused the accident. That is a battle for the insurance companies.

John’s 2026 Update: Telematics & The “Silent Witness”

Note: In the past, you could drive home and claim you didn’t know you hit anything. In 2026, your car calls the cops for you.

1. Automatic Crash Notification (ACN) In 2026, almost every car on the road sends telemetry data to the manufacturer.

• The Trap: If you hit a pole and drive home, your car’s Event Data Recorder (EDR) has already uploaded the crash location, speed, and airbag status to the cloud. Police simply subpoena the car’s data to prove exactly when and where the crash occurred.

2. The “Ring” Dragnet There are no “unwitnessed” accidents anymore.

• The Evidence: Even if you hit a parked car on a dark street, every doorbell camera on the block recorded it. Police use Neighborhood Watch Apps to crowd-source the video within minutes.

3. Digital Plate Readers If you flee a scene with damage, your bumper might be hanging off.

• The 2026 Reality: Smart Traffic Lights and License Plate Readers (ALPRs) flag vehicles with “Fresh Damage.” If you drive past a scanner 3 blocks away from a hit-and-run, the AI links your car to the crime scene instantly.

Panic is Not a Crime

If you made a mistake and left the scene, do not try to fix it by talking to the police without a lawyer. They already suspect the worst. Let us do the talking.

Call me at (407) 423-1117. Let’s handle the fallout.

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.