Fleeing and Eluding

The offense of Fleeing and Eluding can often times start off innocent enough; however, law enforcement and possibly the appropriate Office of the State Attorney will attempt to identify the slightest infraction where an individual may not stop to allow the charging of the serious offense of Fleeing and Eluding. Conventionally speaking, Fleeing and Eluding is when a driver with intent does not yield to law enforcement’s attempts to pull a vehicle over. Florida Statutes provide that the government in Orlando, Sanford, Deland or elsewhere must prove that (1) the Defendant was operating a vehicle upon a street or highway in Florida and (2) that the Defendant knowing that she or he had been directed to stop; by a duly authorized law enforcement officer, willfully fled in a vehicle in an attempt to elude law enforcement and (3) that the law enforcement officer was in an authorized law enforcement patrol vehicle whit agency insignia and other jurisdictional marking prominently display on the vehicle with siren and lights activated.

Please note the following enhancers to the offense of Fleeing and Eluding (that on its own is a 3^rd degree felony punishable by up to 5 years in Prison. Lights and Siren Activated)

Fleeing to Elude a Law Enforcement Officer with Lights and Siren Activated

1. The driver was operating a vehicle upon a street or highway in Florida;
2. The driver, knowing an order to stop had been given by a duly authorized law enforcement officer, willfully fled in a vehicle in an attempt to elude a law enforcement officer; and
3. 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.

Lights and Siren Activated with High Speed or Reckless Driving

Siren Activated with High Speed or Reckless Driving

1. The driver was operating a vehicle upon a street or highway in Florida;
2. The driver, knowing an order to stop had been given by a duly authorized law enforcement officer, willfully fled in a vehicle in an attempt to elude a law enforcement officer; and
3. 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
4. During the course of the fleeing or the attempt to elude, drove at high speed or in any manner demonstrating a wanton disregard for the safety of persons or property.

Lights and Siren Activated with High Speed or Reckless Driving Causing Serious Bodily Injury or Death

1. The driver was operating a vehicle upon a street or highway in Florida;
2. The driver, knowing an order to stop had been given by a duly authorized law enforcement officer, willfully fled in a vehicle in an attempt to elude a law enforcement officer;
3. 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;
4. During the course of the fleeing or the attempt to elude, drove at high speed or in any manner demonstrating a wanton disregard for the safety of persons or property; and
5. As a result of the driver fleeing or eluding at high speed or wanton disregard for safety, the driver caused the death of or serious bodily injury to another person or the law enforcement officer involved in pursuing or otherwise attempting to stop the vehicle.
   * If a person is found to have committed fleeing and eluding with lights and sirens activated at a high rate of speed of the presiding Judge must find you guilty (you will be a convicted felon) and your license will be suspended for a minimum of 1 year.
   *If a person is found to have committed fleeing and eluding with serious bodily injury or death a 3 year minimum/mandatory is in place.

STRATEGY:
All too often a person is arrested for fleeing and eluding and they had no intent to actually commit the crime. The State must prove the driver actually knew that the police were attempting to stop the vehicle. Our office has seen elderly drivers, people on the phone, or driving a large vehicle such as a 16 wheeler, having no idea law enforcement was attempting a stop. Also, a prudent lawyer may be able to lobby the prosecutor to reduce the charge to a lesser included misdemeanor.

If you have been arrested for fleeing and eluding in Florida let our office help you.