28.4. Leaving The Scene Of Accident Involving Death Or Injury
This is a Florida Jury Instructions form that can be used for 28 Traffic Offenses within Criminal.
Last updated: 2/28/2006
28.4 LEAVING THE SCENE OF ACCIDENT INVOLVING DEATH OR INJURY 316.027(1), Fla. Stat. To prove the crime of Leaving the Scene of an Accident, the State must prove the following four elements beyond a reasonable doubt: 1. [Name of defendant] was the driver of a vehicle involved in an accident resulting in [injury to] [death of] any person. 2. [Name of defendant] knew or should have known that [he] [she] was involved in an accident. 3. [Name of defendant] knew or should have known of the [injury to] [death of] the person. NOTE TO JUDGE: Give a. and/or b. as applicable: 4. a. The defendant willfully failed to stop at the scene of the accident or as close to the accident as possible and remain there until [he] [she] had given "identifying information" to the [injured person] [driver] [occupant] or [person attending the vehicle] and to any police officer investigating the accident. [or] b. The defendant willfully failed to render "reasonable assistance" to the injured person if such treatment appeared to be necessary or was requested by the injured person. If the State proves that the defendant willfully failed to give any part of the identifying information" or willfully failed to give reasonable assistance, the State satisfies this element of the offense. "Identifying information" means nameddress, vehicle registration num, a ber, and, if available and requested, the exhibition of the defendants license or permit to drive. "Reasonable assistance" cludes carrying or min aking arrangements to carry the injured person to a physician or hospital for medical treatment. "Willfully" means intentionally and purposely.