Florida Statutes
Fla. Stat. § 316.645 (2025)
Arrest authority of officer at scene of a traffic crash.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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316.645 Arrest authority of officer at scene of a traffic crash.—A police officer who makes an investigation at the scene of a traffic crash may arrest any driver of a vehicle involved in the crash when, based upon personal investigation, the officer has reasonable and probable grounds to believe that the person has committed any offense under the provisions of this chapter, chapter 320, or chapter 322 in connection with the crash.
History.—s. 1, ch. 71-135; s. 1, ch. 76-31; s. 3, ch. 81-3; s. 5, ch. 83-218; s. 245, ch. 99-248; s. 11, ch. 2008-176.
Note.—Former s. 316.017.
Notes of Decisions
Cited in 11
cases (1 in the last 5 years), 1983–2023 · leading case: Jacob Thomas Gaulden v. State of Florida, 195 So. 3d 1123 (Fla. 2016).
Jacob Thomas Gaulden v. State of Florida, 195 So. 3d 1123 (Fla. 2016). “1st DCA 2006), the First DCA, upon certiorari review, had previously considered whether there had been a -7- “traffic crash” within the meaning of a different statute, section 316.645, Florida Statutes (2005).”
Myers v. State, 426 So. 2d 986 (Fla. 1st DCA 1983). “[1] It seems clear to me that Section 316.645, Florida Statutes, which Sheffield is alleged to have violated, does not give an officer arrest authority except at the accident scene.”
State, Dep't of High. Saf. & Motor Vehs. v. Williams, 937 So. 2d 815 (Fla. 1st DCA 2006). “Finally, he contended, because the accident report revealed that no damage occurred to property other than that belonging to Williams, the incident involving Williams’ vehicle did not legally constitute a traffic accident; consequently, the officer could not rely on the…”
Steiner v. State, 690 So. 2d 706 (Fla. 4th DCA 1997). “Additionally, pursuant to section 316.645, Florida Statutes (1993), when an officer is investigating an "accident" he may develop probable cause to charge DUI.”
Sawyer v. State, 905 So. 2d 232 (Fla. 2d DCA 2005). “4th DCA 1997) (citing §§ 316.645, 901.15(1), Fla. Stat. (1993), and State v.”
Dumile Carolina Wagner v. State of Florida (Fla. 4th DCA 2023). “hout ever witnessing the defendant operating or in actual physical possession of a vehicle while impaired, nor personally conducting his own investigation, the officer arrested the defendant based on only the field sobriety tests he administered and what the public safety aide…”
State v. Hemmerly, 723 So. 2d 324 (Fla. 5th DCA 1998). “§ 316.645, Fla. Stat. (1995). This statute constitutes an exception to the requirement of section 901.”
State v. Kolocotronis, 8 Fla. Supp. 2d 12 (Fla. Cty. Ct. 1984). “Section 316.645 Florida Statutes provides that a police officer who makes an investigation at the scene of a traffic accident may arrest any driver of a vehicle involved in the accident when, based upon personal investigation, the officer has reasonable and probable grounds to…”
State v. Quigley, 39 Fla. Supp. 2d 146 (Fla. Cty. Ct. 1990). “§ 316.645, Fla. Stat. In the latter case, the arrest need not occur at the actual scene of the accident so long as the arrest was a result of an investigation made by the arresting officer at the scene of the accident.”
State v. French, 45 Fla. Supp. 2d 98 (Fla. St. Lucie Cty. Ct. 1990). “Florida Statute § 316.645 provides: “ARREST AUTHORITY OF OFFICER AT SCENE OF A TRAFFIC ACCIDENT — A policy officer who makes an investigation at the scene of a traffic accident may arrest any driver of a vehicle involved in the accident when, based upon personal investigation,…”
State v. Kramer, 47 Fla. Supp. 2d 58 (Fla. Cir. Ct. 1991). “In any event, F. S. 316.645 does not authorize an arrest by an officer who has not made an investigation at the scene of an accident.”
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