FLEEING TO ELUDE LAW ENFORCEMENT IN FLORIDA
To begin with, Fleeing or Attempting to Elude a Law Enforcement Officer (316.1935) is one of the most serious traffic offenses you can face. As a result, this is a felony charge that can land you in prison. Thus, RHINO Lawyers will help you fight this felony and stay out of prison!
Basic Elements of Fleeing and Eluding
Incidentally, it is illegal for any driver to willfully fail or refuse to bring their vehicle to a stop or to flee from a pursuing police vehicle. As well as, fleeing an officer with lights on or giving a signal indicating that the officer is attempting to pull over the vehicle. Of course, this cannot be ambiguous. In fact, the officer must be in uniform and in an appropriately marked vehicle.
Penalties for Fleeing to Elude Law Enforcement
By the way, the crime of Fleeing to Elude a Law Enforcement Officer has severe penalties. Unfortunately, they increase based on whether the officer’s lights and sirens were on. Incidentally, penalties will increase when involved in a high-speed chase. Or, the chase causes injury or death.
- First, general Fleeing to Elude a Law Enforcement Officer is a Third-Degree Felony. So, if convicted you could face up to 5 years in prison or up to 5 years of probation. As well as, a $5,000 fine and a suspended license for a minimum of 1 year (maximum 5 years).
- Secondly, Fleeing and Eluding with Lights and Siren Activated is a Third-Degree Felony. Moreover, it is a Level 3 offense severity ranking. And, penalties include up to 5 years in prison or up to 5 years of probation. As well as, $5,000 fine, and a suspended license for a minimum of 1 year (maximum 5 years).
- Thirdly, Fleeing and Eluding with Lights and Siren Activated with High Speed or Reckless Driving is a Second-Degree Felony. Thus, they assign it a Level 4 offense severity ranking. And, these penalties include up to 15 years in prison or up to 15 years of probation. As well as, $10,000 fine, and a suspended license for a minimum of 1 year (maximum 5 years).
- Finally, if Lights and Siren Activated with High-Speed chase. And, Reckless Driving Causing Serious Bodily Injury or Death. Then, it is a First-Degree Felony and a Level 7 offense severity ranking. So, penalties include a minimum-mandatory sentence of 3 years imprisonment, up to 30 years in prison or up to 30 years of probation. As well as, $10,000 fine, and a suspended license for a minimum of 1 year (maximum 5 years).
Though, we have many defenses available to contest a fleeing or attempting to elude case. However, common defenses might include reviewing the following situations for potential errors.
- Was the order to stop clearly communicated?
- Did you know there was an active order to stop?
- Was the alleged charge willful, or were there circumstances that made you unable to stop?
- Were you aware the stop was from an officer or was the vehicle clearly marked?
- If the officer was using lights and sirens?
Furthermore, when the stakes are high and the consequences are steep, you need the best legal defense on your side. Often times, a reduction to a lesser offense will make all the difference to you and your life.
CONTACT YOUR FLORIDA CRIMINAL DEFENSE ATTORNEYS
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