FLEEING AND ELUDING
The crime of “Fleeing and Eluding” in is defined under Florida Statute 316.1935:
“It is unlawful for the operator of any vehicle, having knowledge that he or she has been ordered to stop such vehicle by a duly authorized law enforcement officer, willfully to refuse or fail to stop the vehicle in compliance with such order or, having stopped in knowing compliance with such order, willfully to flee in an attempt to elude the officer…”
TYPES OF FLEEING AND ELUDING with PENALTIES
General Fleeing and Eluding (no aggravating factors) – 3rd degree felony
Up to 5 years in prison; or
5 years of probation;
$5,000.00 fine; and
Driver’s License Suspension
Fleeing and Eluding (Lights and Sirens Activated) – 3rd degree felony
Up to 5 years in prison; or
5 years of probation;
$5,000.00 fine; and
Driver’s License Suspension
Fleeing and Eluding (Lights and Sirens with High Speeds and Reckless Driving – 2nd degree felony
15 years in prison; or
15 years of probation;
10,000.00 fine; and
Driver’s License Suspension
Fleeing and Eluding (Lights and Sirens with Serious Bodily Injury or Death – 1st degree felony
Up to 30 years in prison; or
30 years of probation;
$10,000.00 fine; and
Driver’s License Suspension
A conviction also requires a minimum mandatory 3 years in prison
DEFENSES
Different defenses are available depending on the facts of the case, however, not every case will have a defense. The defenses can be legal or factual in nature such as:
The Defendant did not know it was law enforcement;
Extenuating Circumstances;
Misidentification
