Fleeing or Eluding a Law Enforcement Officer


SHORSTEIN, LASNETSKI, & GIHON
helps people defend against Fleeing & Eluding accusations

SLG Law has experience with Fleeing & Eluding Law Enforcement Officer cases. These charges can be particularly difficult because law enforcement are the focus of the case.  Judges, prosecutors and police officers will treat fleeing cases seriously because they believe the offense put the public safety and the officer safety at risk. 

What is Fleeing & Eluding?

Fleeing & Eluding is defined in Florida Statute 316.1935.  There are several different types of fleeing & eluding that are discussed below:

To prove the base crime of Fleeing To Elude a Law Enforcement Officer, the State must prove:

1.   You were operating a vehicle upon a street or highway in Florida.

2.   A duly authorized law enforcement officer ordered you to stop or remain stopped.

3.   You, knowing you had been ordered to stop by a duly authorized law enforcement officer,
a.   willfully refused or failed to stop the vehicle in compliance with the order, or

b.   having stopped the vehicle, willfully fled in a vehicle in an attempt to elude the officer. 




What is Aggravated Fleeing or Eluding?


Aggravated Fleeing or Eluding with Serious Bodily Injury or Death

To prove the base crime of Aggravated Fleeing or Eluding, the State must prove:


1.  You were the driver of a vehicle involved in a crash resulting in injury to or the death of any person.

2.   You knew, or should have known, that you were involved in a crash. 

3.   You knew or should have known of the injury to or death of the person.

4.   You willfully failed to stop at the scene of the crash or as close to the crash as possible and remain there until you had given "identifying information" to the injured person, driver, occupant or person attending the vehicle or other damaged property and to any police officer investigating the crash, or failed to render "reasonable assistance" to the injured person if such treatment appeared to be necessary or was requested by the injured person.

5.   A duly authorized law enforcement officer ordered you to stop.

6.   You, knowing you had been ordered to stop by a law enforcement officer, willfully refused or failed to stop your vehicle in compliance with the order to stop or after having stopped in knowing compliance with the order to stop, willfully fled in a vehicle in an attempt to elude the law enforcement officer.

7.   As a result of you fleeing or eluding, you caused serious bodily injury to or the death of the victim.



What are the potential consequences of being found guilty of Fleeing & Eluding a Police Officer?


Fleeing To Elude A Law Enforcement Officer

Third Degree Felony - Up to 5 years in prison
One to five year driver's license revocation

Fleeing To Elude A Law Enforcement Officer (with Lights & Sirens Activated)

If the law enforcement officer was in an authorized law enforcement patrol vehicle with agency insignia and other jurisdictional markings prominently displayed on the vehicle and with siren and lights activated:
Third Degree Felony - Up to 5 years in prison
One to five year driver's license revocation


Fleeing To Elude A Law Enforcement Officer (Lights & Sirens Activated with High Speed or Reckless Driving)
If the law enforcement officer was in an authorized law enforcement patrol vehicle with agency insignia and other jurisdictional markings prominently displayed on the vehicle and with siren and lights activated and you drove at a high speed or demonstrated a wanton disregard for the safety of person or property:
Second Degree Felony - Up to 15 years in prison
One to five year driver's license revocation

Fleeing To Elude A Law Enforcement Officer (Lights & Sirens Activated with High Speed or Reckless Driving Causing Serious Bodily Injury or Death)
If the law enforcement officer was in an authorized law enforcement patrol vehicle with agency insignia and other jurisdictional markings prominently displayed on the vehicle and with siren and lights activated and you drove at a high speed or demonstrated a wanton disregard for the safety of person or property and caused serious bodily injury or death to another person:

First Degree Felony - Up to 30 years in prison
3 year minimum mandatory sentence
One to five year driver's license revocation


Aggravated Fleeing or Eluding (Leaving a crash involving damage to a vehicle or property then causing injury or property damage to another)
Second Degree Felony - up to 15 years in prison
One to five year driver's license revocation


Aggravated Fleeing or Eluding (Leaving a crash involving injury or death then causing injury or property damage to another)
Second Degree Felony - Up to 15 years in prison
One to five year driver's license revocation


Aggravated Fleeing or Eluding (Leaving a crash involving damage to a vehicle or property then causing serious bodily injury or death)
First Degree Felony - Up to 30 years in prison
3 year minimum mandatory sentence
One to five year driver's license revocation


Aggravated Fleeing or Eluding (Leaving a crash involving injury or death then causing serious bodily injury or death)
First Degree Felony - Up to 30 years in prison
3 year minimum mandatory sentence
One to five year driver's license revocation

* Any motor vehicle involved in a fleeing can be seized by law enforcement as contraband and is subject to forfeiture. 


What are the possible defenses to Fleeing & Eluding?

There are many possible defenses to Fleeing & Eluding charges.  Some typical defenses relate to whether the State can prove who was driving the vehicle, whether you knew or should have known that there was a crash or injury or death to another person, whether you attempted to stop and/or give the required information, and many other issues that typically arise in a fleeing case.  There may also be questions about the legality of law enforcement investigation and whether statements or evidence is admissible.  Each case is different and each defense is different.  Call us to discuss the possible defenses in your case.


If you have been charged with or are being investigated for 
any type of Fleeing or Eluding case,

CALL US NOW!

SHORSTEIN, LASNETSKI, & GIHON
904-642-3332 (Jacksonville)
407-228-2019 (Orlando)

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