Fleeing & Eluding an Officer Lawyer

Fleeing an Eluding an Officer Under Florida Law

In Florida, fleeing and eluding an officer is the failure of a driver to stop or remain stopped upon order by a duly authorized law enforcement officer. Fleeing & eluding requires a mandatory adjudication of guilt. This means that anyone who enters a no contest or guilty plea to fleeing and eluding will be a convicted felon for the rest of his or her life.

For this reason our primary goal is to get the charges dropped or reduced to a less serious offense such as misdemeanor failure to obey an officer or reckless driving. An experienced fleeing and eluding an officer lawyer can investigate and identify defenses that exist in your case. We fight the charges aggressively with the goal of helping you achieve the best possible result.

Defending Your Fleeing & Eluding Case

Our Winter Park criminal defense law firm has extensive experience representing clients accused of all types of fleeing & eluding cases. Hiring an experienced fleeing and eluding an officer lawyer is an essential resource for avoiding or mitigating possible penalties. Our goals are to:

  1. Evaluate the facts of your case;
  2. Identify all possible defenses, and
  3. Do whatever is necessary to avoid a felony fleeing & eluding conviction.

Fleeing & Eluding an Officer Defenses

There are many defenses available to contest a charge of Fleeing and Eluding in Florida. Common defenses may include the following:

  • Did you know you had been ordered to stop?
  • Was the alleged order to stop clearly communicated to you?
  • Did you know the person ordering you to stop was a law enforcement officer?
  • Did you willfully refuse to stop?
  • Do they have the right person? Was it you that was ordered to stop?
  • Did you eventually stop at a safe, reasonable place?
  •  Was the police officer in a clearly marked patrol car?

Orange County Fleeing and Eluding an Officer Lawyer

If you were recently arrested or charged with any Florida fleeing & eluding offense, please call our Winter Park fleeing and eluding an officer lawyer at 407.740.7275 to discuss your case. We offer a free consultation so that we can learn about you, learn about your case and determine how we can help.

Orlando Fleeing & Eluding Lawyer, Florida Fleeing Defense

In Florida, Fleeing & Eluding an officer is the failure of a driver to stop or remain stopped after being ordered to do so by a duly authorized law enforcement officer.  All Fleeing & Eluding charges require a mandatory adjudication of guilt and driver’s license revocation.  Our primary goal is to get the charges dropped or reduced to a less serious offense.  We fight the charges aggressively with the goal of helping you achieve the best possible result and avoiding a permanent criminal record and driver’s license revocation.  Our goals are to:

  1. Evaluate the facts of your case;
  2. Collect and review all witness statements & video evidence;
  3. Identify any possible defenses;
  4. Negotiate with your prosecutor for a dismissal or reduced charges, and
  5. Do whatever is necessary to avoid a felony fleeing & eluding conviction.

What is Fleeing & Eluding an Officer Under Florida Law?

Fleeing & Eluding is defined under Florida Statute 316.1935 as having knowledge that he or she has been lawfully ordered to stop his or her vehicle by a law enforcement officer, to willfully to refuse to stop the vehicle in compliance with the officer’s order. The general offense of Fleeing & Eluding consists of three elements:

  1. The defendant was operating a vehicle upon a street or highway in Florida;
  2. A duly authorized law enforcement officer ordered the defendant to stop or remain stopped; and
  3. The defendant, knowing that he or she had been directed to stop by the police officer (a) willfully refused or failed to stop the vehicle in compliance with the order, or (b) having stopped the vehicle, willfully fled in vehicle in an attempt to elude the officer.

Fleeing and Eluding an Officer Penalties

Fleeing and Eluding a Law Enforcement Officer Charges are harshly prosecuted in Florida and a county jail or state prison sentence is a significant possibility even for first-time offenders.  All Florida Fleeing and Eluding charges are prosecuted as felony offenses under Florida law.  Aggravating factors such as high speed, lights and sirens activated, reckless driving, injury to another or an accident resulting in death can add to already harsh mandatory penalties.

Basic Fleeing & Eluding and Fleeing with Lights & Sirens Activated

Both of these Fleeing and Eluding offenses are classified as a third-degree felony with penalties of up to five years in state prison, five years of probation, a $5,000 fine and mandatory driver’s license revocation from one to five years.

Fleeing and Eluding: Sirens and Lights Activated with High Speed or Reckless Driving

Classified as a second-degree felony, with penalties of up to 15 years in state prison, 15 years of probation, a $10,000 fine and a mandatory driver’s license revocation ranging from 1 to 5 years;

Sirens and Lights Activated with High Speed or Reckless Driving Causing Serious Bodily Injury or Death

Classified as a first degree felony, with penalties of up to 30 years in state prison, 30 years of probation, a $10,000 fine and mandatory license revocation ranging from 1 to 5 years.  There is a mandatory minimum term of imprisonment of 3 years.

Defenses to Fleeing and Eluding an Officer

Several legal defenses can apply to a fleeing and eluding case.

  • Did you know you had been ordered to stop?
  • Was the alleged order to stop clearly communicated to you?
  • Did you know the person ordering you to stop was a law enforcement officer?
  • Did you willfully refuse to stop?
  • Do they have the right person? Was it you that was ordered to stop?
  • Did you eventually stop at a safe, reasonable place?
  •  Was the police officer in a clearly marked patrol car?

Call (407) 740-7275 For a Free Consultation

If you have been arrested for any fleeing & eluding an officer offense, please call our criminal traffic lawyer Bryce Fetter to schedule an appointment.  We offer a free consultation so that we can learn about you, learn about your case and determine how we can help.

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