Leaving Scene of Accident in Florida? The Aaron Cohen Act
I want to tell you about a Florida law born out of tragedy, and it’s a loophole that was finally closed. This law started because of Aaron Cohen, a husband, a father of two, who was out for a bike ride on the Rickenbacker Causeway in Miami on a February morning. A driver heading home from a long night of drinking plowed into both cyclists. The driver didn’t stop. He didn’t call for help either. Instead, he drove home with a shattered windshield, threw a tarp over his car, and waited.
By the time he turned himself in 18 hours later, there was no way to test his blood alcohol. Aaron Cohen died. And the driver served less than two years in county jail. I know this feels devastating. It feels wrong. And it was. And I’m a defense attorney and I feel this way! And, that’s how the law changed, and you need to understand it.
The Loophole That Rewarded Running
Here’s what made Aaron’s case so wrong: under the old Florida law, fleeing the scene of a fatal crash was the smart legal play. If you drove drunk and killed someone, that’s DUI manslaughter in Florida. You face a minimum of four years in prison with no wiggle room. On average, you’re looking at over 10 years. But flee that same deadly crash? Leaving the scene of a fatal crash carried no minimum at all. The old law actually rewarded people for running because the punishment for fleeing was lighter than the punishment for staying. If you could flee long enough for the alcohol to get out of your system, you no longer faced a DUI manslaughter charge’s 4-year mandatory prison sentence.
Think about that for a moment. The law made running away the rational choice, and that’s the exact behavior that gets victims killed. The minutes right after a crash are critical. A 911 call can still save a life during these moments. Emergency responders can arrive and help. Witnesses can provide crucial information. Police can test the driver for impairment. By fleeing, the driver eliminated all of that. The loophole incentivized the behavior that kills people. That’s why the Aaron Cohen Life Protection Act was signed into law. It slammed that loophole shut.
The Aaron Cohen Act: No Longer a Rational Choice to Run
The law set a four-year mandatory minimum prison sentence for leaving the scene of a crash that results in death. Now that minimum matches DUI manslaughter. Whether you leave and sober up or you stay and they find the alcohol, the base sentence is the same. There’s no longer a reason to run. This was the right change, even if mandatory minimums take discretion away from judges who might see different circumstances in different cases. And yes, I’m not a huge fan of mandatory minimum sentences, but this one makes sense.
The Breakdown: Property Damage, Injury, and Death
Leaving the scene of an accident ranges in severity depending on what happens. In a fender bender involving only property damage, you face a misdemeanor charge. If the accident results in injury, the charge becomes a felony. For serious bodily injury, you face a second-degree felony and there will probably be some prison time involved (due to what we call “injury points” on a scoresheet, which is a discussion for another day). When the accident results in death, it becomes a first-degree felony with a four-year mandatory minimum prison sentence and a three-year license revocation.
Understanding where your case sits on this spectrum matters enormously. A property damage leaving-the-scene charge is manageable compared to a fatal accident charge. But even serious charges aren’t unchangeable. Even first-degree felonies with mandatory minimums have pathways forward that most people don’t know exist. The key is understanding your actual legal situation and attacking it early, before it hardens into a conviction. And with leaving-the-scene cases, evidence can evaporate quickly. I’ve handled many cases with lots of video from traffic cameras and security cameras at nearby convenience stores/gas stations. And the issue with this footage is that it doesn’t last forever. It gets recorded over rather quickly. If you want evidence that it wasn’t you driving that car, you’re going to need to have your lawyer act fast to preserve as much evidence as we can.
Two Critical Things You Need to Know
First, the crime is leaving the scene of a crash, not causing the crash. If you caused the crash, that’s just a $164 careless driving ticket and a few points on your driving record. Causing a crash is not a crime. As the bumper stickers used to say, “STUFF HAPPENS.” The problem is, obviously, that everything transforms into a crime the minute you leave the scene rather than exchanging information and waiting for the cops to arrive.
You can be convicted of leaving the scene even when the accident wasn’t your fault. The statute doesn’t ask who caused the collision. It asks whether you stopped, gave information, rendered aid, and waited for the police to arrive. And yes, the cops can take FOREVER to arrive. I get that. But still, you’ve got to wait.
The Reality of Panic: You’re Not Alone in This
I don’t love mandatory minimums because they take discretion away from judges. Not every person who flees a crash is some callous repeat offender. Many are terrified kids and adults having the worst day of their lives. Others are panicking in shock and darkness, making decisions they’ll regret forever. You can fairly ask whether someone in that state is really running a cost-benefit analysis. They’re not. They’re reacting. That doesn’t excuse running. But it contextualizes it.
If you fled a crash scene, you’re not the first person to make that choice under terror and shock. You’re not alone in this situation. I’ve represented many people who fled because they panicked. Some didn’t even realize what they were doing until hours later. Others thought about going back but were too afraid. Many made a three-second decision that changed their entire lives. These are real people facing real consequences. And real people deserve real defense strategy, not judgment. These cases are fixable; we can help you avoid jail time and prison time, so don’t lose hope here.
John’s Takeaways
Here’s what you need to lock in about leaving the scene of an accident in Florida:
- Leaving the scene of an accident ranges from a misdemeanor (property damage) to a first-degree felony (death), with a four-year mandatory minimum for fatal crashes under the Aaron Cohen Act.
- You can be convicted of leaving the scene even if the accident wasn’t your fault. The statute examines whether you stopped and provided information, not who caused the crash.
- Panic and shock cause people to flee, and while that doesn’t excuse the decision, it contextualizes why good people make terrible choices in three-second windows.
- Early legal help in the first hours after a crash determines whether you even understand your options. Don’t navigate this alone.
This Is Serious, But It’s Defendable
The Aaron Cohen Act closed a loophole that cost a man his life. The law is necessary and right. But if you’re facing charges under it, you’re not without hope or options. Panic causes people to flee. Fear and shock lead to terrible decisions in moments of terror. That decision doesn’t define your character, and it doesn’t lock you into a hopeless case.
What defines your case is the legal defense you mount immediately. Early action changes everything. Waiver provisions are available in narrow circumstances. Technical defenses exist. Evidence challenges exist too. All of them matter only if you contact an attorney before you accept a sentence. I’ve been defending leaving-the-scene charges since 1993. The panic that precedes these decisions is real. The law that follows is what I understand deeply. And I know how to build a real defense based on facts and evidence.
If you’re facing charges in Orange, Seminole, Osceola, Lake, Brevard, or Volusia counties, call me now. The first hours after arrest are critical. Free consultation. Call (407) 423-1117 today.
Watch John break down the Aaron Cohen Act: https://youtu.be/mGyU5HZ25ZE
Related: Learn more about Why You Should Not Talk to Police First.
Leaving the scene was a three-second panic. Your defense strategy doesn’t have to be reactive. Call now.
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 33 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.
John 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.