State v. Alain L. Gonzalez

The State challenges an order striking its information and dismissing the charge of leaving the scene of an automobile crash involving injuries, based upon the alleged failure of the State to obtain sworn testimony from a “material witness,” as required by Florida Rule of Criminal Procedure 3.140. In this case, the State did not obtain an affidavit or equivalent from the victim of the collision prior to filing the information. Instead, it obtained the affidavit of the investigating officer who responded to the scene of the collision, observed the damage to the victim’s motorcycle and the…