Fleeing or Attempting to Elude a Law Enforcement Officer Defense Lawyer in Florida

Florida Statute § 316.1935 Fleeing or attempting to elude a law enforcement officer; aggravated fleeing or eluding.

Florida’s Laws on Fleeing or Eluding a Law Enforcement Officer

Title XXIII, Chapter 316, Florida Statute § 316.1935 Fleeing or attempting to elude a law enforcement officer; aggravated fleeing or eluding states that it is a crime for any driver in the state of Florida to willfully continue driving when ordered to stop the vehicle by a law enforcement officer. It is also a crime to leave the site of a stop before a law enforcement officer has cleared the driver to leave.

Notably, the statute requires that someone has fled or eluded an officer “willfully.” This means that someone experiencing a vehicle malfunction or a medical emergency such that it is not possible to stop the vehicle should not be charged with a felony for fleeing or eluding.

Fleeing or eluding on its own is considered a third-degree felony under § 316.1935. Different circumstances surrounding the act of fleeing or eluding can result in more serious criminal charges.

Summary of Florida’s Fleeing and Eluding Laws

Circumstances Constituting Fleeing and Eluding – Under § 316.1935(1), the circumstances that constitute fleeing or eluding are as follows:

  1. A motorist is driving on a Florida roadway;
  2. A duly authorized law enforcement officer orders the motorist to stop; and
  3. The motorist intentionally fails to stop, or the motorist initially stops and then intentionally drives away.

Another type of fleeing or eluding involves the following circumstances:

  1. A motorist is driving on a Florida roadway;
  2. A duly authorized law enforcement officer orders the motorist to stop;
  3. The officer is in a clearly marked law enforcement vehicle;
  4. The officer has the vehicle’s lights on and sirens sounding; and
  5. The motorist intentionally fails to stop, or the motorist initially stops and then intentionally drives away.

This type of fleeing or eluding results in the same level of charges as general fleeing or eluding, but it is outlined on its own in subsection (2) of the statute. A person who leaves the scene of an accident and fails to stop after an order from a law enforcement officer has also committed the crime or fleeing or eluding.

Aggravating Circumstances – Aggravating circumstances that make a fleeing or eluding situation more serious include driving at a high rate of speed, driving recklessly or with “wanton disregard” for other people and property, causing an accident, and causing serious injury or death or another person.

Felony Levels – By itself, fleeing or eluding is classified as a third-degree felony in Florida. Driving recklessly and at a high rate of speed during the course of fleeing pushes the crime to a second-degree felony. Causing serious bodily injury or death to someone during the course of fleeing pushes the crime to a first-degree felony. All felonies in Florida are penalized in accordance with the provisions of § 775.082, § 775.083, and § 775.084.

Penalties for Fleeing or Eluding

Section 316.1935 states that fleeing or eluding is a third-degree felony in Florida. Under § 775.082(3)(a)(6)(e), a third-degree felony is punishable by a prison term up to five years. Punishment for a third-degree felony also includes a fine of up to $5,000, under § 775.083(1)(c).

When excessive speeding and dangerous driving are involved, fleeing or eluding becomes a second-degree felony in Florida. Under § 775.082(3)(a)(6)(d), a second-degree felony is punishable by a prison term up to 15 years. Punishment for a second-degree felony also includes a fine of up to $10,000, under § 775.083(1)(b).

Harsher Penalties for Aggravated Fleeing

If a person causes property damage while willfully fleeing from the scene of an accident after an order to stop or while eluding an officer following an accident, the person has committed aggravated fleeing or eluding under § 316.1935(4)(a), which is a second-degree felony. The punishment for this felony is outlined in the paragraph above.

When serious bodily injury or death results from the fleeing or eluding, the crime becomes a first-degree felony in Florida. Under § 775.082(3)(a)(6)(b)1, a first-degree felony is punishable by a prison term up to 30 years. Punishment for a first-degree felony also includes a fine of up to $10,000, under § 775.083(1)(b). Section 316.1935(3)(b) states that the court overseeing a first-degree fleeing or eluding case shall sentence a convicted defendant to no less than three years in prison.

Mandatory Suspension of Driver’s License

A person who is convicted of fleeing or eluding under the provisions of § 316.1935 will have his or her driver’s license suspended for no less than one year and no more than five years. This is a mandatory suspension that the court must order in accordance with subsection (5) of the statute.

No Suspension or Deferment of Adjudication, Sentence

Subsection (6) of the statute says that a court cannot defer adjudication in felony fleeing or eluding cases and cannot defer or suspend sentencing in these cases. This subsection is notwithstanding Florida’s laws on probation and placement into community control, which are described in § 948.01.

Someone who is convicted of first-degree fleeing or eluding and sentenced to the mandatory minimum of three years in prison will not be able to seek early release or be eligible for time served. The only exceptions are for medical release or executive clemency.

Legal Defenses to Fleeing or Eluding

In defending a fleeing or eluding case in Florida, a person will want to review the following situations for potential errors or areas where the charges can be contested:

  • Whether the order to stop was clearly communicated;
  • Whether the defendant knew there was an active order to stop;
  • Whether the fleeing or eluding was “willful” or if some set of circumstances made the defendant unable to comply with the order to stop;
  • Whether the officer was in a clearly marked law enforcement vehicle (if charged with a felony under § 316.1935(2)); and
  • Whether the officer’s lights and sirens were activated (if charged with a felony under § 316.1935(2))

This is not an exhaustive list, and a Florida traffic court attorney will want to review all of the facts of each individual case.

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