JOHNNY R. WARD
v.
STATE OF FLORIDA
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Johnny R. Ward appeals convictions for driving with a suspended license and leaving the scene of an accident with property damage. The court affirmed the suspended license conviction but reversed the leaving-the-scene conviction and remanded for acquittal, finding insufficient evidence that any property damage occurred as required by the statute.
The conviction for leaving the scene of an accident with property damage must be reversed because no trial evidence supported the required element of damage to a vehicle or other property attended by any person. The conviction for driving with a suspended license is affirmed.
[1] A conviction for leaving the scene of an accident with property damage requires proof of damage to a vehicle or other property.
[2] A conviction for driving with a suspended license may be affirmed without further comment when no reversible error is found.
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Join FLexlaw to unlock all legal intelligence“A required element of section 316.061(1), Florida Statutes (2018), is "damage to a vehicle or other property which is driven or attended by any person[.]"”
Establishes the statutory requirement that must be proven for the leaving-the-scene offense
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Join FLexlaw to unlock all legal intelligenceWhile traveling on the Florida Turnpike, Ward's vehicle lost control, fishtailed, and went into the median before ending up in a ditch on the shoulder…
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DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT JOHNNY R. WARD, Appellant, V. STATE OF FLORIDA, Appellee. No. 4D2025-0770 [February 25, 2026] Appeal from the Circuit Court for the Nineteenth Judicial Circuit, Martin County; William Loy Roby, Judge; L.T. Case No. 432018CF000772A. Daniel Eisinger, Public Defender, and Sue-Ellen Kenny, Assistant Public Defender, West Palm Beach, for appellant. James Uthmeier, Attorney General, Tallahassee, and Anesha Worthy, Senior Assistant Attorney General, West Palm Beach, for appellee. PER CURIAM. Johnny R. Ward appeals his convictions for driving with license suspended and leaving the scene of an accident with property damage.¹ We affirm the conviction for driving with a suspended license without further comment, but we reverse the conviction for leaving the scene of an accident with property damage and remand for entry of a judgment of acquittal. While traveling on the Florida Turnpike, a civilian witness observed Ward's vehicle lose control, fishtail and go into the median of the highway before ending up in a ditch on the shoulder of the road. Neither the civilian witness, nor the troopers who responded to the accident scene, testified to any damage to the median or to any car other than Ward's. A required element of section 316.061(1), Florida Statutes (2018), is “damage to a vehicle or other property which is driven or attended by any person[.]" No trial evidence supported this element of the crime. See Colbert v. State, 49 So. 3d 819, 822–23 (Fla. 4th DCA 2010); C.T.T. v. State, 249 So. 3d 1320, 1321-22 (Fla. 1st DCA 2018). Affirmed in part, reversed in part and remanded. KUNTZ, C.J., GROSS and GERBER, JJ., concur. * * * Not final until disposition of timely-filed motion for rehearing. 2