Fleeing To Elude Law Enforcement
Fleeing to Elude is a serious criminal charge that can carry harsh penalties, including jail or prison time, license suspensions, hefty fines and a loss of rights such as voting and possessing firearms. If you are facing a fleeing to elude charge, don't wait to get help. Contact Hunt Law today for a confidential consultation and start building your defense immediately.
What is Fleeing To Elude in Florida?
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
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Fleeing To Elude is a 3rd degree felony, punishable by up to 5 years in Florida State Prison.
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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.
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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
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A conviction for 3rd degree Fleeing To Elude can result in a fine of up to $5,000.
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A conviction for 2nd or 1st degree Fleeing To Elude can result in a fine of up to $10,000.
What Are The Elements Of Fleeing to Elude A Law Enforcement Officer?
To prove the crime of Fleeing to Elude a Law Enforcement Officer, the State must prove the following three elements beyond a reasonable doubt:
1. (Defendant) was operating a vehicle upon a street or highway in Florida.
2. A duly authorized law enforcement officer ordered the defendant to stop or remain stopped.
Give 3a or 3b as applicable.
3. (Defendant), knowing [he] [she] 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.
b. having stopped the vehicle, willfully fled in a vehicle in an attempt to elude the officer.
§ 316.003, Fla. Stat.
“Street or highway” means the entire width between boundary lines of every way or place of whatever nature when any part thereof is open to the public for purposes of vehicular traffic.
§ 316.003, Fla. Stat. Some of these terms have their own statutory definitions, which should be given if necessary.
“Vehicle” means every device, in, upon, or by which any person or property is or may be transported or drawn upon a highway[, except personal delivery devices, mobile carriers, and devices used exclusively upon stationary rails or tracks].
Patterson v. State, 512 So. 2d 1109 (Fla. 1st DCA 1987).
“Willfully” means intentionally, knowingly, and purposely.
Call Now For A Free Consultation
Facing a Fleeing To Elude charge can be stressful, confusing, and potentially life-changing. A conviction will make you a convicted felon, losing the right to vote and possess firearms. You can also face extended license suspensions, jail or prison time, probation and hefty fines. If you’ve been charged with Fleeing to Elude, understanding your rights and legal options is critical. Call now for a free, confidential consultation.
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