Appellate Court Overturns Criminal Conviction for Leaving the Scene of an Accident Involving Injury

In the matter of Booker v. State the appellate court granted the defendant's appeal concerning his conviction for the charge of leaving the scene of an accident involving injury to a person and reversed defendant's conviction, in a case arising from one count of leaving the scene of a crash involving injury to a person, two criminal charges of DUI resulting in damage to property or personal injury, and one charge of obstructing or opposing a police officer without violence. Defendant did not appeal the convictions on the other counts. The appellate court held that, to satisfy the intent requirement of section 316.027(1)(a), Florida Statutes, it is not sufficient for the state to prove that defendant was involved in an accident resulting in injury and/or death, that defendant either knew or should have known that he or she was in an accident, & that defendant willfully failed to stop at the scene. the appellate court cited to State vs. Mancuso. Instead, the prosecution must also "establish that the driver ‘either knew of the resulting injury or death or reasonably should have known from the nature of the accident,'" & that, in instances when there are multiple impacts, the driver must be aware of the exact collision that resulted in the injury. the appellate court cited to K.W. v. State. Accordingly the Second District Court of Appeal reversed the conviction on the one count of leaving the scene of an accident involving injury to a person, & affirmed all other charges.

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