What Is Fleeing and Eluding in Florida?

Florida Statute § 316.1935 creates several separate fleeing and eluding offenses.

At its most basic level, the statute applies when a driver knows that a law enforcement officer has ordered the vehicle to stop and willfully refuses or fails to stop.

It also applies when a driver initially stops and then willfully flees in an attempt to elude law enforcement.

Do Police Need Their Lights and Siren Activated?

It depends on which subsection is charged.

Florida does not have just one form of fleeing and eluding.

Section 316.1935(1) focuses primarily on whether a driver knew an officer ordered the vehicle to stop and then willfully refused or failed to stop.

Other subsections specifically address fleeing from an authorized law enforcement patrol vehicle under circumstances involving activated lights and siren.

What If I Was Looking for a Safe Place to Pull Over?

This is one of the most common questions people ask after a fleeing arrest.

A driver may continue because:

• there is no shoulder;
• traffic is heavy;
• the road is dark;
• the driver wants to reach a parking lot;
• the driver believes the location is unsafe;
• the driver is looking for a well-lit area; or
• the driver does not immediately realize the officer is directing that vehicle to stop.

There is no automatic rule that continuing to a safer location prevents a fleeing charge.

How Long Can You Drive Before It Becomes Fleeing?

Florida law does not establish a fixed number of seconds, feet, blocks, or miles.

Instead, the State may rely on the entire course of conduct to argue that the delay was a willful refusal to stop.

Important facts may include:

• distance traveled;
• duration of the pursuit;
• vehicle speed;
• whether the driver accelerated;
• whether the driver slowed down;
• whether hazard lights were activated;
• whether the driver passed safe stopping locations;
• whether the vehicle made evasive turns;
• whether lights and siren were operating;
• whether the driver ultimately stopped voluntarily; and
• what the driver said after the stop.

Different Levels of Fleeing and Eluding in Florida

What Is High-Speed or Aggravated Fleeing?

Under § 316.1935(3)(a), fleeing becomes more serious when prosecutors allege that the driver:

• drove at high speed; or
• drove in a manner demonstrating wanton disregard for the safety of persons or property.

That offense is a second-degree felony.

What Does “Wanton Disregard” Mean?

The State does not need an actual injury to pursue the enhanced offense under § 316.1935(3)(a).

Instead, prosecutors may claim that the manner of driving itself demonstrated wanton disregard for safety.

What If Someone Is Seriously Injured or Killed?

The consequences become much more severe.

Qualifying high-speed or wanton-disregard fleeing that causes serious bodily injury or death can be prosecuted as a first-degree felony.

What If the Fleeing Happens After a Crash?

Florida law contains separate aggravated fleeing provisions for cases connected with unlawfully leaving a crash scene.

If a person is unlawfully leaving or attempting to leave a crash scene, knows law enforcement has ordered the vehicle to stop, and then willfully refuses to stop or flees after stopping, additional felony exposure may result.

Injury or property damage can elevate the offense to a second-degree felony.

Serious bodily injury or death can elevate the offense to a first-degree felony with a mandatory minimum prison sentence.

What Are the Maximum Penalties?

Can the Judge Withhold Adjudication?

No.

This is one of the most important consequences of a fleeing conviction.

Florida Statute § 316.1935 prohibits withholding, suspending, or deferring adjudication for a violation of the fleeing statute.

Will My Driver’s License Be Revoked?

Yes.

This consequence is separate from imprisonment, probation, fines, and other felony consequences.

Can Police Seize the Vehicle?

Potentially.

Florida law provides that a motor vehicle involved in a violation of § 316.1935 may be deemed contraband and subjected to forfeiture proceedings.

What If Police Cannot Prove Who Was Driving?

Driver identity can be a major defense issue.

This frequently arises when:

• police lose sight of the vehicle;
• the vehicle is later abandoned;
• there are multiple possible drivers;
• the registered owner was not necessarily driving;
• the driver’s face cannot be seen; or
• police identify a suspect only after the pursuit ends.

What If I Did Not Know Police Were Trying to Stop Me?

Knowledge can be one of the central disputed issues in a fleeing case.

Relevant questions can include:

• Were the emergency lights visible?
• Was a siren audible?
• Was the police vehicle directly behind the defendant?
• Was the officer apparently pursuing another vehicle?
• Was the patrol car marked?
• Did the driver slow down?
• Did the driver activate hazard lights?
• Did the driver react in a manner showing awareness?

The State may use circumstantial evidence to establish knowledge, but the element must still be proven beyond a reasonable doubt.

What Evidence Matters Most?

Possible Defenses to Fleeing and Eluding

Can Fleeing and Eluding Be Reduced?

Potentially.

This can be particularly important because a conviction under § 316.1935 cannot receive a withhold of adjudication.

Depending upon the evidence, the defense may explore:

• a lesser fleeing offense;
• reckless driving;
• another traffic or criminal offense;
• a negotiated reduction; or
• dismissal when the State cannot prove the required elements.

Does an Illegal Traffic Stop Automatically Defeat a Fleeing Charge?

Not necessarily.

The legality of the initial attempted stop can raise important Fourth Amendment issues, while alleged conduct occurring afterward may create separate criminal questions.

The defense should examine both issues independently.

Search-and-seizure questions may still affect evidence, statements, vehicle searches, identification evidence, and additional charges.

Fleeing and Eluding Charges in Gainesville and Alachua County

Fleeing cases in Gainesville may arise from attempted traffic stops involving:

• Gainesville Police Department;
• Alachua County Sheriff’s Office;
• University of Florida Police Department;
• Florida Highway Patrol; and
• other state or local law enforcement agencies.

The defense may need to reconstruct the alleged pursuit from the moment police first attempted the stop through the eventual arrest.

Important evidence can include pursuit video, dispatch records, officer GPS data, traffic cameras, body-camera recordings, witness testimony, and vehicle data.

Landsman Law represents clients facing serious felony criminal charges throughout Gainesville, Alachua County, and North Central Florida.

Why Choose Landsman Law?

Fleeing cases can depend heavily on objective evidence rather than simply the wording of an arrest report.

A police report may say a driver “accelerated,” “refused to stop,” or acted with “wanton disregard.” Those conclusions should be compared against the actual video, speed evidence, roadway conditions, dispatch records, and timeline.

Frequently Asked Questions

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This article provides general information about Florida criminal law and is not legal advice for any particular case. Fleeing and eluding charges are highly fact specific, and the applicable offense, sentencing exposure, defenses, and mandatory consequences depend upon the charged subsection and evidence.