Legal Opinion · Dissent

State v. Gaulden

District Court of Appeal of Florida

Decided April 12, 2012No. 1D11-4288Published

1DissentDavis, J.

Because I believe that the trial court correctly dismissed the charge of leaving the scene of a crash involving death, I respectfully dissent.

Interestingly, the majority fails to mention that, prior to 1999, section B16.027(1)(b), Florida Statutes, spoke in terms of any vehicle involved in an “accident.” In 1999, the Legislature amended section 316.027(l)(b), along with other similar statutes, by substituting the word “crash” for the word “accident.” Ch. 99-248, § 82, Laws of Fla. Although the situation in this case might constitute an accident or an “unexpected and undesirable event”…

2Cases cited4 opinions

  1. Kasischke v. StateSupreme Court of Florida · 2008
  2. Armstrong v. StateIndiana Supreme Court · 2006
  3. State v. ElderDistrict Court of Appeal of Florida · 2007
  4. State, Department of Highway Safety & Motor Vehicles v. WilliamsDistrict Court of Appeal of Florida · 2006

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