Article 134 UCMJ – Fleeing the Scene of an Accident – Military Defense Lawyers

UCMJ Military Defense Guide by Gonzalez & Waddington

Article 134 of the Uniform Code of Military Justice criminalizes fleeing the scene of an accident, also known as “hit and run.” This offense applies when a service member is involved in an accident—whether on base or off base—and fails to stop, render aid, exchange information, contact police, or otherwise fulfill their legal obligations under military and civilian law.

Because the statute is broad and heavily dependent on interpretation, fleeing the scene is one of the most frequently misunderstood and overcharged offenses under Article 134. Many service members face these allegations after minor fender benders, parking lot bumps, off-base misunderstandings, panic reactions, miscommunication with police, or fear-driven decisions.

Florida’s military-heavy regions—including Jacksonville, Pensacola, Tampa, Destin, Orlando, Miami, and Key West—regularly see such cases due to crowded highways, civilian drivers unfamiliar with military procedures, chaotic nightlife areas, and high accident rates. Installations such as NAS Jacksonville, Mayport, Pensacola, Whiting Field, Eglin, Hurlburt Field, Tyndall, MacDill, and Coast Guard Sectors frequently discipline members for hit-and-run allegations that are often exaggerated or misinterpreted.

Gonzalez & Waddington is globally recognized for defending service members accused of driving offenses, hit-and-run cases, and other Article 134 misconduct. We expose confusion, panic, lack of mens rea, weak evidence, misidentification, and false assumptions that often drive these cases.

➤ Request Defense for Article 134 – Fleeing the Scene of an Accident

What Counts as Fleeing the Scene Under Article 134?

A service member may face charges if they:

• Leave the scene of a vehicle accident
• Fail to render aid to an injured person
• Fail to exchange insurance or contact information
• Fail to contact police as required by law
• Flee due to panic, confusion, or fear
• Do not remain at the scene long enough to comply with legal requirements
• Drive away from a minor collision without checking for damage

However, not all departures are criminal—especially those involving safety concerns or lack of awareness of the accident.

What Fleeing the Scene Is NOT

The following situations do NOT automatically constitute fleeing the scene:

• Not realizing your vehicle made contact with another
• Leaving the scene for your own safety (e.g., dangerous area, aggressive individuals)
• Driving to a safe location before stopping
• Parking nearby to call police
• Moving your car to avoid blocking traffic
• Returning later after calming down
• Leaving due to a medical emergency

Many service members panic in stressful situations and later correct their mistake—this is NOT criminal intent.

Elements the Government Must Prove

To convict someone of fleeing the scene of an accident under Article 134, prosecutors must prove:

1. The Accused Was Involved in an Accident

This may include property damage, personal injury, or minor collisions.

2. The Accused Knew About the Accident

If the service member did not realize a collision occurred, they cannot be guilty.

3. The Accused Left or Failed to Stop

Failure to comply with reporting requirements is the core of the offense.

4. The Conduct Was Wrongful

Leaving for safety reasons or due to confusion is not wrongful.

5. The Conduct Was Prejudicial or Service-Discrediting

Prosecutors must show actual harm—not mere speculation.

Why Article 134 Fleeing the Scene Cases Are Often Weak

Most cases collapse because prosecutors cannot prove:

• The accused knew the accident occurred
• The accused intended to avoid responsibility
• The accused did not try to return or report later
• Witness accounts were reliable
• Civilian police understood military context
• Damage or injury actually occurred
• The service member acted wrongfully—not emotionally

Most “hit-and-run” allegations stem from panic, confusion, or misunderstanding—not criminal intent.

Why Fleeing the Scene Allegations Are Common in Florida

Florida’s roadways and social environment create unique risks for service members:

• High-speed highways where collisions go unnoticed
• Tourist drivers with unfamiliar traffic patterns
• Nightlife areas with intoxicated pedestrians
• Crowded parking lots near beaches and bars
• Frequent hurricanes causing confusing traffic patterns
• High stress & fatigue during training cycles

Florida’s mix of military personnel, tourists, nightlife districts, and unique weather conditions often leads to misunderstandings and false allegations.

Florida-Specific Real-World Fleeing the Scene Scenarios

1. Bumping a Car in a Crowded Parking Lot

Service member drives off unaware of minor contact.

2. Leaving a Scene Due to Fear

Accused drives away from hostile civilians before calling police.

3. Drunk Individuals Approaching the Vehicle

Service member leaves to ensure safety during chaotic nightlife.

4. Misinterpreted “Hit-and-Run” After a Night Out

Witnesses misidentify the wrong driver in crowded Florida bar districts.

5. Highway Collisions at High Speed

The accused did not feel the impact due to speed or poor road conditions.

6. Domestic Disputes Leading to False Reports

Partners falsely claim the accused fled an accident to cause trouble.

7. Military Housing Parking Incidents

Children’s bikes, golf carts, or objects hit accidentally with minimal damage.

8. Damage Discovered Later

Military members unaware of the exact time or location of the damage.

9. Leaving to Avoid Suspicion

Service member leaves due to fear of being falsely blamed—then reports later.

10. Misidentification from Security Cameras

Low-quality footage leads to incorrect assumptions about the accused.

How Article 134 Hit-and-Run Investigations Work

Investigations typically involve:

• Civilian police (especially in Florida nightlife areas)
• NCIS / CID / OSI / CGIS
• Base security forces
• Command-directed inquiries
• Vehicle forensics (bumper damage, paint transfer)
• Traffic camera analysis
• Witness interviews

Common Investigative Failures We Expose

• Assuming the accused knew an accident occurred
• Relying on drunk or biased witnesses
• Misinterpretation of video footage
• No proof of actual damage or injury
• Failure to consider safety concerns
• Late reporting misinterpreted as concealment
• Inadequate forensic vehicle examination

Florida police are often overwhelmed in tourist zones, leading to rushed or sloppy investigations.

Defense Strategies for Article 134 Fleeing the Scene Cases

1. Lack of Knowledge Defense

If the accused did not realize an accident occurred, they cannot be convicted.

2. Safety-Based Defense

Leaving due to fear, danger, or hostile circumstances is justified.

3. Intent Defense

Panic or confusion is NOT criminal intent.

4. Florida-Specific Defense Strategies

• Bar district chaos causing misidentification
• Parking lot confusion
• Highway noise masking impacts
• Unpredictable tourist behavior

5. Minimal Damage Argument

Minor scratches or no visible damage weaken the case.

6. Witness Credibility Challenge

Witnesses are often drunk, emotional, or mistaken.

7. Forensic Vehicle Inspection

Expert analysis can disprove or question alleged contact.

8. Timely Self-Reporting

Returning later shows no criminal intent.

Pro Tips for Anyone Accused of Fleeing the Scene

• Do NOT make statements to police without counsel.
• Do NOT admit to knowing contact occurred.
• Document your timeline immediately.
• Take photos of your vehicle as soon as possible.
• Preserve dashcam footage (if available).
• Identify anyone who was with you during the event.
• Avoid discussing the case with command or coworkers.
• Hire a civilian military defense lawyer immediately.

➤ Protect Your License, Rank & Freedom – Get Article 134 Defense Now

Article 134 Fleeing the Scene – Frequently Asked Questions