Charged with Leaving the Scene of an Accident in Orlando? Read This First.

By: John Guidry II

Leaving the scene of an accident is a serious charge in Florida, ranging from a misdemeanor to a felony depending on the severity of the crash. But to understand why the penalties are so harsh, you have to peek behind the curtain at the prosecutor’s mindset.

When a prosecutor sees this charge, their mind immediately wanders to the worst-case scenario. They don’t think you panicked; they suspect you fled for a more sinister reason.

• They think you were drunk driving.
• They think you had a trunk full of drugs.
• They think you had an illegal firearm in the car.

Their instant suspicion is why these cases are pursued so aggressively. But a suspicion is not a conviction, and these cases are highly defendable.

Suspected of Leaving the Scene of an Accident in Central Florida? The police will be knocking on your door. Your first and most important move is to say nothing. Your second move is to call me. Call John Guidry: (407) 423-1117

Two Critical Defenses for a “Leaving the Scene” Charge

While there are many ways to fight a hit-and-run allegation, two key points are crucial for you to understand right now.

1. The Medical Emergency Defense You are legally allowed to leave the scene of an accident to obtain necessary medical care. The law defines “medical treatment” very broadly. It doesn’t have to be a trip to the emergency room; it can be a visit to an urgent care clinic like Centra-Care or even just a trip to Walgreens to get necessary medication. If a medical issue like diabetes was triggered by the stress of the crash, you have the right to take care of your health first. Let us handle the legal fallout.

2. Your Most Important Defense: Do Not Talk to the Police This is the most critical piece of advice I can give you. After a hit-and-run or leaving the scene of an accident, the police will investigate. “The Knock” on your door is coming. They are not coming for a friendly chat; they are coming to get a confession about who was driving the car.

When they knock, you and your family members need to be quiet. If your mom answers the door and says, “Oh yes, Johnnie drives that car, I saw him leave in it,” she just made their case for them.

You are not legally required to answer your door for the police without a warrant. As I like to say, there’s nothing in the Constitution that says you have to miss the 4th quarter of the football game, let your beer get warm, and let your nachos get cold just to go answer the door and talk to a trooper. You have the right to remain silent and enjoy your home. Use it.

Let an attorney do the talking for you. Once you have a lawyer, we become the buffer between you and the police. We will handle all communication, preventing you from accidentally incriminating yourself. Often, without a confession, the state’s case falls apart.

If you’re accused of leaving the scene of an accident in Orange, Seminole, Osceola, Lake, Brevard, or Volusia County, you need a local attorney immediately. I’ve been defending these cases since 1993. Feel free to give me a call; we would love to help you navigate this and protect your rights.

To take a deeper dive into leaving the scene cases in Central Florida, I’ve done a video that you’ll want to watch: “Leaving the Scene of an Accident: A Serious Charge & What You Can Do About It“.

Author Bio: 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.