Aaron Cohen Life Protection Act

By Lorne Kaiser & Steven Romanello, Kaiser Romanello, P.A. | Florida personal injury attorneys since 2002 | Last reviewed: June 2026

What is the Aaron Cohen Life Protection Act?

The Aaron Cohen Life Protection Act is the popular name for Florida's 2014 amendments to § 316.027 — the statute governing "leaving the scene of a crash." Before the Act, Florida penalties for hit-and-run created a strange anomaly: a drunk driver who killed someone and stayed at the scene faced harsher punishment than a sober driver who killed someone and ran.

Advocates and prosecutors began calling this the "flee-and-sober-up" loophole. By leaving the scene, a drunk driver could avoid the high-penalty DUI manslaughter charge (a 4-year mandatory minimum) and only face the lower hit-and-run charge. The Aaron Cohen Act aligned penalties so that leaving the scene of a fatal crash carries the same 4-year mandatory minimum that DUI manslaughter does.

The law was signed by Governor Rick Scott on June 13, 2014 and took effect July 1, 2014. It applies to all hit-and-run fatalities occurring after that effective date.

Who Was Aaron Cohen?

Aaron Cohen was a 36-year-old husband and father of two who was struck and killed while cycling on the Rickenbacker Causeway in Miami-Dade County on February 15, 2012. The driver who hit him, Michele Traverso, had been drinking. Traverso fled the scene and turned himself in 18 hours later — long enough that prosecutors could no longer prove his blood alcohol concentration at the time of the crash.

Because Traverso could not be charged with DUI manslaughter (the alcohol evidence had dissipated), he was charged only with leaving the scene of a fatal crash — at the time, a less serious offense with no mandatory minimum sentence. Traverso eventually received just under 2 years in prison for the death of Aaron Cohen.

Aaron Cohen's family — particularly his wife Patty Cohen — became advocates for closing the flee-and-sober-up loophole. Their advocacy, combined with growing public attention to hit-and-run fatalities in South Florida, drove the 2014 legislative reform that bears Aaron's name.

The Loophole Before 2014

Florida law before the Aaron Cohen Act created the perverse incentive described above. Specifically:

• DUI Manslaughter (§ 782.071): 4-year mandatory minimum prison sentence, up to 15 years
• Leaving the Scene of a Fatal Crash (pre-2014): Second-degree felony, no mandatory minimum, often resulted in less prison time than DUI manslaughter

The math for a drunk driver who killed someone was straightforward: stay at the scene, face DUI manslaughter and 4 years minimum; leave the scene, face only hit-and-run charges and potentially lighter punishment. Defense attorneys openly discussed this dynamic in legal seminars before 2014.

South Florida saw a disproportionate share of hit-and-run fatalities during this era. Florida Department of Highway Safety and Motor Vehicles data from 2011-2013 showed Florida ranking among the worst states for hit-and-run fatalities per capita.

The Statute: Fla. Stat. § 316.027

Other key elements of the statute as amended:

• "Willfully": The state must prove the driver knowingly left the scene. Confusion, panic, or shock does not automatically satisfy the willfulness element — but is rarely an effective defense.
• "Crash that results in the death of any person": Applies to any crash where someone dies — not just where the fleeing driver caused the fatal injury directly.
• "4-year mandatory minimum": The court has no discretion to go below 4 years. Probation is not allowed. Plea deals cannot eliminate the mandatory portion.

Penalty Tiers Under § 316.027

The Aaron Cohen Act created a tiered penalty structure based on the severity of injury caused by the crash:

The most significant change from the pre-2014 law: the 4-year mandatory minimum for fatal cases. This eliminated the flee-and-sober-up loophole because a driver who leaves now faces the same mandatory minimum whether or not DUI is provable.

The 4-Year Mandatory Minimum Explained

Under Florida sentencing law, a "mandatory minimum" prison sentence means:

• The judge cannot impose less than 4 years of actual prison time
• No probation is allowed in lieu of the mandatory portion
• No gain time (Florida's name for early release credits) can reduce the mandatory portion. Florida inmates serve at least 85% of their sentence under § 944.275, but the Aaron Cohen 4-year minimum is on top of that — defendants must serve all 4 years
• Plea agreements cannot eliminate the mandatory minimum; only the state can choose to file a lower-tier charge to avoid it
• If multiple felonies are charged, the sentences can run concurrent or consecutive at the judge's discretion — but the 4-year floor for the hit-and-run count remains

How Florida Compares to Other States

Florida's 4-year mandatory minimum is among the strictest in the country. Combined with the 85% time-served requirement for violent felonies, Florida defendants convicted under § 316.027(2)(c) typically face the longest actual prison time of any U.S. state for the same conduct.

Impact on Your Civil Case (UM Coverage)

The Aaron Cohen Act is primarily a criminal law. It increases the prison time fleeing drivers face. But it has important indirect effects on civil cases:

• Stronger police investigation — knowing a felony charge with mandatory minimum is at stake, Florida law enforcement devotes more resources to identifying fleeing drivers. This produces evidence we use in civil cases.
• Surveillance preservation — police often subpoena surveillance footage faster when a serious criminal charge is anticipated, preserving evidence that would otherwise be lost.
• Witness cooperation — witnesses are more likely to come forward when they understand the gravity of the criminal consequences.
• Insurance dispute leverage — when the driver is identified and charged, their insurance carrier cannot deny coverage as readily. UM claims against your own insurer also benefit from the criminal case's evidence development.
• Plea-based admissions — drivers who plead guilty in the criminal case often make admissions that are usable as evidence in the civil case under Florida Rules of Evidence 90.803(18) (admission by party-opponent).

The criminal case does not pay your medical bills or lost wages — that's the civil case. But the criminal investigation makes the civil case stronger.

Notable Florida Prosecutions Under the Act

Since 2014, Florida prosecutors have used the Aaron Cohen Act in numerous high-profile cases:

• South Florida — multiple convictions of drivers fleeing fatal pedestrian crashes in Broward and Miami-Dade counties have resulted in 4-10 year sentences
• I-95 and Turnpike corridors — high-speed fatal crashes where the at-fault driver fled have produced convictions with mandatory minimum sentencing
• Rideshare-related cases — drivers operating for Uber/Lyft who flee fatal crashes have been charged under § 316.027(2)(c) at the same level as private motorists
• DUI + flee cases — drivers who fled fatal crashes and were later proven intoxicated have received consecutive sentences stacking the Aaron Cohen 4-year minimum on top of DUI manslaughter penalties — totaling 8+ year mandatory minimum sentences

What to Do If You Are a Hit-and-Run Victim or Family Member

The Aaron Cohen Act is a criminal law — but the civil case (where damages are recovered for medical bills, lost wages, and pain and suffering) runs independently. Steps for victims and surviving families:

1. Contact law enforcement immediately and provide every detail you can about the fleeing vehicle (make, model, color, partial license plate, direction of travel).
2. Preserve evidence at the scene — photographs, witness contact information, surveillance camera locations.
3. Seek medical care the same day — even injuries that seem minor can have serious consequences and create documentation needed for civil recovery.
4. Do NOT delay civil counsel. The criminal case and the civil case are independent. While police investigate the driver, your attorney pursues uninsured motorist (UM) coverage on your own policy.
5. Send written UM notice to your insurer within 30 days — most Florida policies require it. Missing this deadline can void coverage even though the 2-year civil statute hasn't run.
6. Coordinate with prosecutors — your civil attorney should be in contact with the State Attorney's Office to ensure evidence developed in the criminal investigation benefits your civil case.

The Bottom Line

The Aaron Cohen Life Protection Act ended one of the most criticized loopholes in Florida criminal law. Today, a Florida driver who flees a fatal crash faces 4 years in prison guaranteed — regardless of whether DUI can be proven. The law has measurably increased the consequences for hit-and-run fatalities and produced evidence development that benefits civil victims and surviving families.

Free 24/7 Hit-and-Run Case Review →

For comprehensive Florida hit-and-run case strategy, see our complete Florida Hit and Run Accident Lawyer hub.

Frequently Asked Questions