South Florida Injury Attorneys Blog
On Tuesday, April 22, the Florida House of Representatives unanimously voted in favor of enacting the Aaron Cohen Life Protection Act, legislation that stiffens penalties for hit-and-run drivers. This follows the March 26 unanimous vote of the Florida Senate in favor of the Act, which will now go to the Governor’s desk for approval and signature. The Aaron Cohen Life Protection Act is the product of an unfortunate death of a cyclist who was hit while riding on the Rickenbacker Causeway in February 2012.
The hit-and-run driver, who was on probation for cocaine charges and was driving with a suspended license, had been carousing at a bar in Coconut Grove shortly before the 6 AM accident. After he hit the deceased person and another cyclist, the driver did not stop to offer assistance or wait for the authorities. Instead, he continued his journey home, where he concealed the damaged vehicle under a tarp. By the time he eventually surrendered to authorities, 18 hours after the accident, the police were unable to take a timely blood alcohol test. Inability to ascertain the driver’s blood alcohol level helped him avoid manslaughter charges. The driver eventually pled guilty to charges of driving with a suspended license, leaving the scene of an accident involving death, and leaving the scene of an accident involving great bodily harm. The driver was sentenced to only one year in prison and only served 264 days of the sentence.
The Aaron Cohen Life Protection Act seeks to eliminate the incentive hit-and-run drivers have in leaving the scene of an accident. The new law amends Florida’s Leaving the Scene of an Accident Law, which was enacted in 1971. The law creates a mandatory minimum sentence of three, seven, or 10 years for leaving the scene of an accident, depending on whether a person was injured, seriously injured, or fatally injured. The legislation also increases the mandatory minimum sentence for leaving the scene of an accident while under the influence of alcohol from two years to 10 years and provides for a three-year revocation of the offender’s license. By imposing these mandatory minimums, lawmakers hope that hit-and-run drivers, especially those under the influence of alcohol or drugs, will no longer see any incentive in fleeing.
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