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Fleeing and Eluding

In Florida, fleeing and eluding, according to Florida Statute 316.1935, is committed when the driver:

  • Drives a vehicle on a highway or street in Florida;
  • After a duly authorized law enforcement officer ordered the driver to stop or remain stopped; and
  • The driver, knowing the order to stop has been given by a duly authorized law enforcement officer, either
    • Willfully or intentionally refused to stop the vehicle in compliance with the order; or
    • Having stopped the vehicle, willfully fled in a vehicle in an attempt to elude the officer.

This includes authorized law enforcement patrol vehicles, with agency insignia and other jurisdictional markings prominently displayed on the vehicle. Fleeing and eluding is a third-degree felony and can result in mandatory driver’s license suspension. 

Penalties for Fleeing & Eluding the Police

If you are caught fleeing and eluding the police, it is a third-degree felony, punishable by up to 5 years in prison, 5 years of probation, up to $5,000 in fines, and a minimum of 1-year driver’s license suspension. 

If lights and sirens are active and you are driving at a high speed or recklessly, it is a second-degree felony. This is punishable by up to 15 years in prison or 15 years probation, and up to a $10,000 fine as well as mandatory driver’s license suspension up to 5 years.

If police sirens and lights are active and you are driving at a high speed or recklessly and cause serious bodily injury or death, it is a first-degree felony. This is punishable by up to 30 years in prison or 30 years probation, and up to a $10,000 fine as well as mandatory driver’s license suspension up to 5 years. Once you are convicted, the court will sentence you to a minimum term of 3 years in prison.

Any vehicle used while fleeing and eluding law enforcement is considered contraband and can be seized.

If you are caught going at a high speed or cause serious bodily injury or death, these are considered aggravating circumstances and can include enhanced penalties as well as other penalties deemed fit by the judge.

If you are caught fleeing and eluding a police officer, don’t fight the criminal charges alone. Call experienced criminal defense Attorney Brandon Gans now to see how he can help.

 


 

I’ve gotten 3 Red Light citations and Brandon Gans took care of them. I didn’t even have to miss work. It is a frightening experience not knowing what to expect after a citation. I have truly appreciated Brandon’s patience as he explained the process and listened to me through my frustration.

Leah

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