Commentary: Life protection act strengthens hit-and-run penalties

 In response to the increasing number of hit-and-run crashes that have injured or killed pedestrians or cyclists and a recent letter to the editor suggesting that new law was giving drivers an incentive to flee the scene, Jay Anderson (Executive Director of Just Drive...Stay Alive!,  vice-chair of the Lee County Community Traffic Safety Team (CTST), and BikeWalkLee partner) penned the following commentary to set the record straight.  Thank you, Jay!  Darla

News-Press Commentary: 12/20/14 By Jay Anderson

Dr. V. E. Delnore’s comment in a recent mailbag letter; “as legislators increase the penalties for hit-and-run drivers, those drivers will have even more incentive to flee the scene,” has me scratching my head.

The Florida Legislature enacted the Aaron Cohen Life Protection Act, amended Florida State Statute 316.027 (named for Miami cyclist who was killed by a hit and run driver in 2012), which strengthens the penalties for leaving the scene of a crash.

The law clearly states:
•The driver of a vehicle involved in a crash occurring on public or private property which results in injury to a person other than serious bodily injury shall immediately stop the vehicle at the scene of the crash, or as close thereto as possible, and shall remain at the scene of the crash until he or she has fulfilled the requirements of s. 316.062. A person who willfully violates this paragraph commits a felony of the third degree.

•The driver of a vehicle involved in a crash occurring on public or private property which results in serious bodily injury to a person shall immediately stop the vehicle at the scene of the crash, or as close thereto as possible, and shall remain at the scene of the crash until he or she has fulfilled the requirements of s. 316.062. A person who willfully violates this paragraph commits a felony of the second degree.

•The driver of a vehicle involved in a crash occurring on public or private property which results in the death of a person shall immediately stop the vehicle at the scene of the crash, or as close thereto as possible, and shall remain at the scene of the crash until he or she has fulfilled the requirements of s. 316.062. A person who is arrested for a violation of this paragraph and who has previously been convicted of a violation of this section, s. 316.061, s. 316.191, or s. 316.193, or a felony violation of s. 322.34, shall be held in custody until brought before the court for admittance to bail in accordance with chapter 903. A person who willfully violates this paragraph commits a felony of the first degree ... and shall be sentenced to a mandatory minimum term of imprisonment of 4 years. A person who willfully commits such a violation while driving under the influence ... shall be sentenced to a mandatory minimum term of imprisonment of 4 years.

There are also several other penalties such as restitution and suspension of driver’s license for three years.

The following quotes from our law enforcement community attest to the importance of adding another tool to their tool box.

•Springfield Police Chief Philip Thorne, president of the Florida Police Chiefs Association: “Florida’s police chiefs thank Governor Scott for signing this bill into law today. Florida will not tolerate those who leave the scene of a serious accident, and this law will give our law enforcement officers additional tools to combat this serious issue.”

Sheriff Grady Judd, President of the Florida Sheriffs Association: “The Florida Sheriffs Association supported SB 102; we do not want to encourage suspects to leave the scene of a crash because its penalty was greater than DUI Manslaughter. This law creates consistency among law violation penalties.”

Col. David Brierton, Director of the Florida Highway Patrol: “This law is intended to make people think twice before they leave the scene of a crash. By toughening penalties for hit and run drivers, Florida is sending a strong message to motorists to do the right thing and stay at a crash scene.”

Many motor vehicle operators overlook the fact we have traffic laws and view them as suggestions. That’s why driver’s speed, follow too closely and often drive distracted while blatantly disregarding the law. Same holds true for those who leave the scene of a crash. Law Enforcement Agencies and the State’s Attorney’s Office now have the ability to not only charge but convict those who violate this law.

Finally, in response to Dr. Delnore’s reference to calling for help (911), FSS 316.062 has always required a driver involved in a crash to render to any person injured in the crash reasonable assistance, including the carrying, or the making of arrangements for the carrying, of such person to a physician, surgeon, or hospital for medical or surgical treatment if it is apparent that treatment is necessary, or if such carrying is requested by the injured person.

Jay Anderson is the vice-chair of the Lee County Community Traffic Safety Team (CTST) and executive director of Stay Alive …. Just Drive! www.sajd.org.