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Fleeing and Eluding is a felony in Florida and carries mandatory penalties. Everyone has had the experience of being pulled over by the police, and the situation can quickly get out of hand if you are scared of the police, or for whatever reason don’t stop the car immediately. If you find yourself in the situation of being pulled over and you feel you stopped in a reasonable period of time but the stopping officer doesn’t think so, you are now facing possible prosecution for the charge of fleeing and eluding. The big problem here is that there are no clear rules for how fast you have to stop, and this creates a grey are for trapping innocent law abiding citizens in the Florida criminal justice system.
Key concepts to know about fleeing and eluding in Florida. First – if the police are pulling you over illegally, that isn’t a defense to the charge, you can’t suppress the traffic stop for this crime. Second – there is no special exception for being allowed to keep driving until you feel safe or are in a well lit area. And third, admitting to the officer that you saw him behind you while he was trying to pull you over is a confession.
What is Fleeing and Eluding in Florida
The crime of Fleeing and eluding can be found in its entirety here. 316.1935 Fleeing or attempting to elude a law enforcement officer; aggravated fleeing or eluding. In summary, the crime is generally either basic Fleeing and Eluding, Fleeing and Eluding with lights and sirens activated, and aggravated Fleeing and Eluding. The aggravated forms of Fleeing and Eluding vary from aggravation due to driving at a high speed, reckless endangerment of persons or property, or leaving the scene of a crash.
Unlike many other felony offenses, the court is not allowed to withhold adjudication for fleeing and eluding charges. This means that a guilty plea or no contest plea will result in becoming a convicted felon.
Under Section 316.1935 of the Florida Statutes, this offense can be committed under several circumstances, including:
- Operation of a Motor Vehicle: You must have been operating a motor vehicle on a street or highway in Florida.
- Knowledge of Law Enforcement’s Order: You must have known that a law enforcement officer ordered you to stop your vehicle. This knowledge can be inferred from the situation, such as the presence of sirens and flashing lights.
- Willful Refusal to Stop: After becoming aware of the officer’s order, you chose not to stop your vehicle.
- Attempt to Flee: In cases where the vehicle did stop, the charge can still apply if the driver then willfully flees in an attempt to elude the officer.
What Are the Penalties for Fleeing and Eluding
| Offense | Severity Level | Penalty |
|---|---|---|
| Fleeing or Attempting to Elude Law Enforcement | Third-degree felony | Up to 5 years of prison or probation, a $5,000 fine, and 1 to 5 years of license suspension |
| Fleeing in Wanton Disregard | Second-degree felony | Up to 15 years of prison or probation, and a $10,000 fine |
| Fleeing causing Serious Bodily Injury or Death | First-degree felony | 3 to 30 years of prison, and a $10,000 fine |
| Aggravated Fleeing or Attempting to Elude | Second-degree felony | Up to 15 years of prison or probation, and a $10,000 fine |
| Aggravated Fleeing causing Serious Bodily Injury or Death | First-degree felony | 3 to 30 years of prison, and a $10,000 fine |
- Vehicle Seizure: Law enforcement may seize your vehicle, initiating a forfeiture process that could permanently deprive you of your property.
- Mandatory Revocation of Driving Privileges: A conviction means mandatory revocation of your driver’s license, a penalty that can severely limit transportation options.
- Permanent Criminal Record: A felony conviction is a permanent mark on your criminal record, jeopardizing your future employment, housing, and educational opportunities.
- High-Speed Chases: Engaging in a high-speed chase can enhance your charge to a second-degree felony, punishable by up to 15 years in prison.
- Causing Injury or Death: If the fleeing or eluding results in injury or death, the offense escalates dramatically, potentially leading to first-degree felony charges with a minimum mandatory sentence.
- Prior Convictions: Previous offenses can aggravate your situation, leading to harsher penalties and less leniency from the court.
Defenses to Fleeing and Eluding
There are a few ways Fleeing and Eluding can be challenged including but not limited to:
- Lack of Intent: there was no willful intention to flee or elude. A lack of awareness or absence of knowledge can be a defense to this charge.
- Mistaken Identity: Improper identification can lead to being falsely accused of being the driver who fled from the polcie.
- Necessity: an extreme situation could give rise to this defense. like an extreme medical emergency.
- Insufficient Evidence: We scrutinize the evidence for any inconsistencies or gaps that could weaken the prosecution’s case.
Why Retaining an Attorney Matters
If you’re accused of Fleeing and Eluding or any other criminal law or any criminal matter, retaining an attorney is critical to protecting your rights. These cases will involve constitutional questions and concern allegations of misconduct or are sensitive in nature, requiring a skill, preparation and experience. For expert legal help, contact Gainesville Defense Lawyer Matt Landsman to protect your rights today.