Fleeing & Eluding an Officer Lawyer

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.  My 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:

  • The defendant was operating a vehicle upon a street or highway in Florida;
  • A duly authorized law enforcement officer ordered the defendant to stop or remain stopped; and
  • 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.

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?
  • Was this just misdemeanor reckless driving and not fleeing an 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.

Depositphotos_13321058_original

Fleeing and Eluding Case Law

Canidate v. State, 4D16-4162 (Fla. 4th DCA Feb. 14, 2018) The mere fact that the Defendant “weaved,” without more, is insufficient to show a conscious and intentional indifference to consequences in order to sustain a conviction for high speed or wanton fleeing pursuant to F.S. 316.1935(3)(a) (2016).

Fleeing and Eluding an Officer Criminal Defense 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

Print Friendly, PDF & Email

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.  My 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:

  • The defendant was operating a vehicle upon a street or highway in Florida;
  • A duly authorized law enforcement officer ordered the defendant to stop or remain stopped; and
  • 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.

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?
  • Was this just misdemeanor reckless driving and not fleeing an 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.

Depositphotos_13321058_original

Fleeing and Eluding Case Law

Canidate v. State, 4D16-4162 (Fla. 4th DCA Feb. 14, 2018) The mere fact that the Defendant “weaved,” without more, is insufficient to show a conscious and intentional indifference to consequences in order to sustain a conviction for high speed or wanton fleeing pursuant to F.S. 316.1935(3)(a) (2016).

Fleeing and Eluding an Officer Criminal Defense 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

Print Friendly, PDF & Email