What is Fleeing To Elude in Florida?

Section 316.1935, Florida Statutes

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, and a person who violates this subsection commits a felony of the 3rd degree. Fleeing to Elude is a "mandatory adjudication" offense, meaning you cannot receive a withhold of adjudication. This means that, even for someone with no prior criminal record, a conviction will make them a felon, losing the right to vote and possess firearms. 

Potential Prison Time

• Fleeing To Elude is a 3rd degree felony, punishable by up to 5 years in Florida State Prison.

• If, in Fleeing To Elude, the driver drives at a high rate of speed, or in any manner which demonstrates a wanton disregard for the safety of persons or property, then the offense is a felony of the 2nd degree, punishable by up to 15 years in Florida State Prison.

• If, in Fleeing To Elude, the driver drives at a high rate of speed, or in any manner which demonstrates a wanton disregard for the safety of persons or property, and causes serious bodily injury or death to another person, then the offense is a felony of the 1st degree, punishable by up to 30 years in Florida State Prison and a minimum mandatory 3-year prison sentence. 

Potential Fine

• A conviction for 3rd degree Fleeing To Elude can result in a fine of up to $5,000.

• A conviction for 2nd or 1st degree Fleeing To Elude can result in a fine of up to $10,000.