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You’d be surprised how often a fatal car accident involves a defendant with no memory of what happened, and the defense boils down to whether or not the defendant was the driver. What is unusual about the case here is the challenge to Florida’s laws surrounding the car accident driver requirements which we are all bound to follow. (and you might not know all of them) When a fatal crash happens in Florida, law enforcement and prosecutors move fast—and the charges can be life-changing. A recent Tampa-area case shows how courts evaluate three of the most serious crash-related charges: DUI manslaughter, vehicular homicide, and leaving the scene of a crash involving death. (Palaveda v State)
Even if someone dies instantly, Florida law still requires the driver to stop, remain at the scene, and fulfill statutory duties before leaving.
Below is a breakdown of what happened, what the defendant argued on appeal, and why the court affirmed the convictions.
The Crash: “Torpedoed” Into Oncoming Traffic
According to the appellate court’s summary, Stephen Paleveda had been drinking heavily at a wedding. His girlfriend drove them home in his Ford F-350, but after arriving, he allegedly snatched the keys and drove away—continuing to drink at a bar.
A civilian reportedly observed him driving erratically and alerted police, who issued an alert. Near downtown Tampa, Paleveda drove up an exit ramp in the wrong direction toward oncoming traffic and crashed head-on into a smaller pickup truck. A witness who had just been passed by the victim’s pickup stopped and approached the scene. She saw Paleveda in the roadway, made brief eye contact, and then watched him run away down the exit ramp. A forensic pathologist later testified the victim died instantly on impact due to internal decapitation. The driver’s door of the F-350 was open, and no one else was found inside it.
Police located Paleveda within minutes. He was bloody, smelled strongly of alcohol, slurred his speech, swayed, and refused field sobriety exercises. At the hospital, his blood alcohol level was reportedly more than three times the legal limit.
The Defense Argument: “The State Didn’t Prove He Was the Driver”
At trial, Paleveda’s defense strategy focused on identity. He argued the evidence didn’t exclude the possibility that his girlfriend was the driver. Essentially arguing there is nothing more than circumstantial evidence here. This ultimately failed, however it created a situation where the appellate Court could fully articulate the responsibilities of drivers in Florida.
Leaving the Scene: Can You Leave to Find Police If the Victim Died Instantly?
Paleveda argued the standard instruction should be modified because: the victim died instantly, and no police officer was yet present at the scene. His position was essentially that he should have been legally allowed to leave the scene to go report the crash to the nearest police station. The trial court rejected that theory and gave a modified instruction emphasizing that even in a death case, the driver must at least determine whether assistance is necessary before leaving. On appeal, the court agreed with the trial judge.
Florida’s Law: Stop, Remain, and Fulfill Duties
Under section 316.027(2)(c), Florida Statutes, a driver involved in a crash resulting in death must immediately stop and remain at the scene until the driver has fulfilled the requirements of section 316.062. And under section 316.062(1), Florida Statutes, the driver must provide identifying information and render reasonable assistance, including arranging medical transport if treatment appears necessary.
If nobody is in condition to receive the information and no officer is present, section 316.062(2), Florida Statutes requires the driver—after fulfilling all other requirements as much as possible—to forthwith report the crash to the nearest police authority.
But the appellate court made the key point clear:
You cannot “forthwith report” the crash as an excuse to flee before you even determine the victim’s condition.
The appellate court relied heavily on the Florida Supreme Court’s explanation in State v. Dumas, which held Florida law imposes an affirmative duty to stop and render aid—and:
“The fact that a death rather than an injury has occurred does not trigger a different set of duties.”
In other words, the driver’s legal responsibilities don’t vanish simply because the crash was fatal.
Why This Case Matters (Especially in DUI Fatalities)
This case highlights how prosecutors build these cases and why these charges are so dangerous:
1) Driver identity can be proven with circumstantial evidence
Even if nobody saw hands on the wheel at the moment of impact, the State can rely on:
- eyewitness testimony,
- physical injuries consistent with driving position,
- the condition of the vehicle (like an open driver’s door),
- admissions, behavior, and timeline evidence.
2) “I left to get help” is not a free pass
Florida law does not allow a driver to run away and later claim they were “going to report it.” The duty is to:
- stop,
- remain,
- provide information,
- determine if assistance is needed,
- and only then comply with reporting requirements if required.
3) DUI cases become exponentially worse when paired with flight
A DUI crash is already serious. But when the State can argue the driver fled the scene, juries often interpret that as consciousness of guilt—making defense strategy much harder. The opinion doesn’t make the sentence clear – but this Defendant got 25 years in prison, 10 years more than the maximum for DUI manslaughter alone.
If You’re Under Investigation After a Fatal Crash, Get Counsel Immediately
Cases involving DUI manslaughter, vehicular homicide, and leaving the scene are aggressively prosecuted in Florida. The State will often use every available detail—injuries, witness statements, medical records, surveillance footage, vehicle damage patterns, and crash reconstruction—to prove the driver’s identity and conduct.
If you or a loved one is being investigated after a serious crash, it’s critical to involve a criminal defense lawyer early—before statements are made, evidence disappears, or assumptions become permanent.
Why Retaining an Attorney Matters
Criminal Defense Lawyer Matt Landsman at Landsman Law helps people accused of crimes in Gainesville, Alachua County, Bradford County, Levy County, Gilchrist County, Marion and surrounding areas of north Florida. If you need help for yourself or a loved one, contact Criminal Defense Attorney Matt Landsman for a free consultation today. For help with any Criminal Matter from Board Certified Criminal Trial Lawyer Matt Landsman – CALL NOW
If you’re accused of any criminal matter, retaining an attorney is critical to protecting your rights. These cases will involve constitutional questions and concern allegations of misconduct or are sensitive in nature, requiring a skill, preparation and experience. For expert legal help, contact Gainesville Defense Lawyer Matt Landsman to protect your rights today.