State v. Elder

KELLY, Judge.

The State appeals from the trial court’s order granting Trade Ann Elder’s motion to dismiss the charge filed against her under section 316.027(1)(b), Florida Statutes (2004), for leaving the scene of a crash resulting in the death of a person. The trial court concluded that Elder could not be charged under the statute because Elder’s car did not collide with another vehicle and, therefore, it was not involved in a crash. We disagree and reverse.

Elder was driving on Fowler Avenue in Tampa when she turned into the path of a car driven by Rikki Lewis. To avoid hitting Elder’s car,…