My question involves an injury that occurred in the state of: FLORIDA
Person A is driving in their car with her two infant children in the back seats strapped properly in their baby seats. Weather and visibility is extremely poor, it is pouring raining and cloudy. Traffic was very harsh, main highway on a friday evening during rush hour.
Person A gets into a collision with another car and is probably at fault since it was a rearending. Person A airbags deploy, children get scared but are not injured. Person A pulls over, and waits for the paramedics and police to arrive. Weather is still poor and about 30 minutes elapse until the time the collision takes place until paramedics arrive. Officers are at the scene, person A is worried about children because she can't open the window due to heavy rain or tend to them. Person A begins to drive away with concern that her children are either hungry, scared, crying etc... She drops them off at a friends house to be watched.
Relatives of person A arrive at impact scene, officers tell relatives that person A must return to the scene immediately or things can 'go from bad to worse'. Officers were not sympathetic, probably partly due to having to stand in the rain.
Relatives immediately contact person A and prompt her to return, she returns to the scene. A timespan of no more than 45 minutes has elapsed from when person A left the scene until she returned. Officers handcuffed person A and jailed them on a $2,500 bond for release the next morning.
Here is the question.
Person A has zero criminal history and even in fact works in the legal field (not a lawyer but has experience a as a paralegal), but alas she is also a mother of two and panicked.
She was afraid for her childrens safety and panicked, so she felt the best thing to do was take them home and not leave them in the rain/hungry etc...
She returned to the scene immediately.
The party she hit was injured, not badly but it is still considered a 3rd degree felony since the other party suffered injuries and she technically left the scene. She was arrested at the accident site and not off site (no manhunt involved, family members called her and informed her to return and she did).
Person A was charged with the following:
failure to prove insurance (which person A claims is BS, they never asked her for paperwork)
Leaving scene without giving information more than $50 damage '316.061(1)'
Leaving scene without rendering aid involving injury '316.027(1)(a)'
The part that gets complicated is when the cops first arrived, they were concerned about the infants which were check first, and when the officer went to check the other carfor injuries he claimed no one was in it at first. Only after about 30 minutes he went to the other car once more and discovered a woman laying reclined back (probably in shock and probably why no one saw her) and in a sense made it difficult to tell that someone needed aid to begin with, even for person A who was not allowed to leave the car and had near zero visibility due to heavy rain how could she have rendered aid to the woman, by leaving her car with two children etc... etc... it is a very complicated situation.
What are person A's best options at this point to avoid any harsh sentencing. She did not leave the scene out of malice or trying to run from the cops, she was worried about her kids (she sat there for 40 minutes in a hot car with children and NO HELP) and in her mind she felt she needed to drop the kids off somewhere safer then a rainy highway.
Will a judge be sympathetic for person A? What can she expect at her first trial if a lawyer represents her?