**UPDATE in 6th post**
This is going to be a long post, and I will try to explain things as accurately as possible. But for those who don't want to read the whole thing, there will be cliff notes at the end.
Last night me and my roommate went to separate parties to watch the Uf and OU game; I got a ride, whereas he drove himself. Both had alcohol involved, and his night ended worse than mine. While at his party, he gave a co-worker of his the keys to his car so he could go to the gas station and get a pack of cigarettes. Somehow during this excursion, the driver was involved in an accident (not sure if he was aware or not) which left the side step of my roommates Tahoe almost completely ripped off. I am assuming it was the co-workers fault otherwise the accident would not have been reported by the other driver.
Later that night, my roommate got in his car to drive home and was pulled over by the Gainesville Police Dept. The officer emerged from his car with his gun drawn and from the loud speaker asked my roommate to step out of the vehicle. After detaining him, he informed him that the vehicle was reported in a hit and run accident earlier that night.
My roommate told the officer that it was impossible because he has been at a party (oops) all night. But suddenly he remembered that he had allowed his co-worker to borrow the car to go get cigarettes. The officer was completely understanding of that situation, but quickly turned his attention to the fact that he was leaving a party after 3 a.m. just after the game.
He preformed a FST which he passed everything but the standing on one foot exercise because of a previous motorcycle accident that broke both of his ankles (he informed the officer of the injury but was told to do the test anyways). Subsequently, the officer had him do a breathalyzer test whereby he blew a .113 pretty much sealing the deal on that part and landing him a night at county.
As of now, the hit and run charges are pending because of his statement/cooperation with the arresting officer. Unfortunately, my roommate thinks that as long as he clears things up with the owner of the other vehicle involved in the accident, the hit and run charges will be dropped. But because of the fact that he's really mad at himself for getting the D.U.I, I didn't have the heart to tell him that the hit and run charges will likely still stand unless his co-worker confesses to being the driver at the time of the accident.
So my question is whether a hit and run (without injuries) in the state of Florida is a misdemeanor or a felony?
Furthermore, just in case his co-worker is not willing to turn himself in, I began thinking about the situation. If on a worst-case-scenario basis, this goes to trial, isn't the burden of proof on the state to prove that my roommate was the one operating the vehicle at the time of the accident? If so, wouldn't an alibi or gas station security camera be enough to prove he was not the driver?
With all of that said, I want to be very clear-- he is not protesting the D.U.I in any way, he is completely willing to accept the consequences of his own actions, just not the actions of someone else. But before I break the news to him about the hit and run charges, I want to be sure that they are in fact a misdemeanor or a felony.
***CLIFF NOTES (as promised)***
-Are hit and run charges (without injuries) a felony or misdemeanor in the state of Florida?
-How does this affect the owner of the vehicle if the accident occurred while someone else (in the absence of the owner) was operating the vehicle?
-What happens if the "real" driver of the vehicle is not willing to turn himself in?
I appreciate (well actually my roommate) any advise, and normally I would tell him to seek legal counsel, but he refuses to do so as of now because he does not realize the consequences of the hit and run, he is "hoping" the charges will disappear.
This is going to be a long post, and I will try to explain things as accurately as possible. But for those who don't want to read the whole thing, there will be cliff notes at the end.
Last night me and my roommate went to separate parties to watch the Uf and OU game; I got a ride, whereas he drove himself. Both had alcohol involved, and his night ended worse than mine. While at his party, he gave a co-worker of his the keys to his car so he could go to the gas station and get a pack of cigarettes. Somehow during this excursion, the driver was involved in an accident (not sure if he was aware or not) which left the side step of my roommates Tahoe almost completely ripped off. I am assuming it was the co-workers fault otherwise the accident would not have been reported by the other driver.
Later that night, my roommate got in his car to drive home and was pulled over by the Gainesville Police Dept. The officer emerged from his car with his gun drawn and from the loud speaker asked my roommate to step out of the vehicle. After detaining him, he informed him that the vehicle was reported in a hit and run accident earlier that night.
My roommate told the officer that it was impossible because he has been at a party (oops) all night. But suddenly he remembered that he had allowed his co-worker to borrow the car to go get cigarettes. The officer was completely understanding of that situation, but quickly turned his attention to the fact that he was leaving a party after 3 a.m. just after the game.
He preformed a FST which he passed everything but the standing on one foot exercise because of a previous motorcycle accident that broke both of his ankles (he informed the officer of the injury but was told to do the test anyways). Subsequently, the officer had him do a breathalyzer test whereby he blew a .113 pretty much sealing the deal on that part and landing him a night at county.
As of now, the hit and run charges are pending because of his statement/cooperation with the arresting officer. Unfortunately, my roommate thinks that as long as he clears things up with the owner of the other vehicle involved in the accident, the hit and run charges will be dropped. But because of the fact that he's really mad at himself for getting the D.U.I, I didn't have the heart to tell him that the hit and run charges will likely still stand unless his co-worker confesses to being the driver at the time of the accident.
So my question is whether a hit and run (without injuries) in the state of Florida is a misdemeanor or a felony?
Furthermore, just in case his co-worker is not willing to turn himself in, I began thinking about the situation. If on a worst-case-scenario basis, this goes to trial, isn't the burden of proof on the state to prove that my roommate was the one operating the vehicle at the time of the accident? If so, wouldn't an alibi or gas station security camera be enough to prove he was not the driver?
With all of that said, I want to be very clear-- he is not protesting the D.U.I in any way, he is completely willing to accept the consequences of his own actions, just not the actions of someone else. But before I break the news to him about the hit and run charges, I want to be sure that they are in fact a misdemeanor or a felony.
***CLIFF NOTES (as promised)***
-Are hit and run charges (without injuries) a felony or misdemeanor in the state of Florida?
-How does this affect the owner of the vehicle if the accident occurred while someone else (in the absence of the owner) was operating the vehicle?
-What happens if the "real" driver of the vehicle is not willing to turn himself in?
I appreciate (well actually my roommate) any advise, and normally I would tell him to seek legal counsel, but he refuses to do so as of now because he does not realize the consequences of the hit and run, he is "hoping" the charges will disappear.
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