Fleeing and Eluding


In Florida, Fleeing to Elude a Law Enforcement Officer, also known as, “Fleeing and Eluding”, is illegal pursuant to Florida Statute 316.1935. There several different types of Fleeing and Eluding:

  1. Fleeing to Elude a Law Enforcement Officer
  2. Fleeing to Elude a Law Enforcement Officer with Sirens and Lights Activated
  3. Fleeing to Elude a Law Enforcement Officer with Sirens and Lights Activated, While Driving at High Speeds or in a Reckless Manner.
  4. Fleeing to Elude a Law Enforcement Officer with Sirens and Lights Activated, While Driving at High Speeds or in a Reckless Manner and Causes Serious Bodily Injury or Death
  5. Aggravated Fleeing and Eluding

Definition Fleeing to Elude a Law Enforcement Officer

The State must prove the following elements beyond a reasonable doubt to convict a defendant at trial:

  1. The 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.
  3. The defendant knowing he or she had been ordered to stop by a duly authorized law enforcement officer either:

    1. Willfully refused or failed to stop the vehicle in compliance with the order, or
    2. Having stopped the vehicle, the defendant willfully fled in a vehicle in an attempt to elude the officer.

Fleeing to Elude a Law Enforcement Officer – Sirens and Lights Activated

The State must prove the following elements beyond a reasonable doubt to a convict a defendant at trial:

  1. The defendant was operating a vehicle upon a street or highway in Florida.
  2. The defendant, knowing he or she had been directed to stop 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.

Fleeing to Elude a L.E.O – Siren and Lights Activated with High Speed or Reckless Driving

The State must prove the following elements beyond a reasonable doubt to a convict a defendant at trial:

  1. The defendant was operating a vehicle upon a street or highway in Florida.
  2. The defendant, knowing he or she had been directed to stop 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 attempting to elude, the defendant drove at a high rate of speed or in any manner demonstrating a wanton disregard for the safety of persons or property.

Fleeing to Elude a L.E.O – Siren and Lights Activated with High Speed or Reckless Driving Causing Death or Serious Bodily Injury

The State must prove the following elements beyond a reasonable doubt to a convict a defendant at trial:

  1. The defendant was operating a vehicle upon a street or highway in Florida.
  2. The defendant, knowing he or she had been directed to stop 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 attempting to elude, the defendant drove at a high rate of speed or in any manner demonstrating a wanton disregard for the safety of persons or property.
  5. As a result of the defendant’s fleeing or eluding at high speed or wanton disregard for safety, he or she caused the death of or serious bodily injury to another person or a law enforcement officer involved in pursuing or attempted to stop his or her vehicle.

Aggravated Fleeing or Eluding

  1. The Defendant was the driver of a vehicle involved in a crash resulting only in damage to a vehicle or to property other than a vehicle which was driven or attended by a person.
  2. The Defendant knew or should have known that he or she was involved in a crash.
  3. The Defendant knew or should have known of the damage to the vehicle or the attended property.
  4. The Defendant willfully failed to stop at the scene of the crash or as close to the crash as possible and remain there until he or she had given “identifying information” to the driver or person attending the damaged property, and to any police officer investigating the crash.
  5. A duly authorized law enforcement officer ordered the defendant to stop.
  6. The Defendant knowing he or she had been ordered to stop by a law enforcement officer, willfully refused or failed to stop his or her vehicle in compliance with the order to stop, and after having stopped in knowing compliance with the order to stop, willfully fled in a vehicle in an attempt to elude the law enforcement officer.
  7. As a result of the defendant fleeing or eluding, he or she caused serious bodily injury to the victim, or death to the victim, or caused injury to or property damage to the victim.

Penalties

  1. Fleeing to Elude a Law Enforcement Officer with or without Sirens and Lights is a third degree felony, punishable by up to five years of probation, five years in prison as a condition of probation, and a $5,000 fine. The court must revoke the defendant’s license for a minimum of 1 year and a maximum of five years. The court cannot withhold adjudication.
  2. Fleeing to Elude a Law Enforcement Officer with Sirens and Lights While Driving at a High Speed or in a Reckless Manner, and Aggravated Fleeing or Eluding Causing Injury or Property Damage are second degree felonies, punishable by up to fifteen years of probation, fifteen years in prison as a condition of probation, and a $10,000 fine. The court must revoke the defendant’s license for a minimum of 1 year and a maximum of five years. The court cannot withhold adjudication.
  3. Fleeing to Elude a Law Enforcement Officer with Sirens and Lights While Driving at a High Speed or in a Reckless Manner Causing Serious Bodily Injury or Death, and Aggravated Fleeing or Eluding Causing Serious Bodily Injury or Death are first degree felonies, punishable by up to thirty years of probation, thirty years in prison as a condition of probation, and a $10,000 fine. The court must sentence the defendant to a minimum of 3 years in prison. The court must revoke the defendant’s license for a minimum of 1 year and a maximum of five years. The court cannot withhold adjudication.

Contact Us

If you have been arrested or charged with Fleeing and Eluding in Palm Beach County, Broward County, or Martin County, please do not hesitate to contact a
Palm Beach criminal defense attorney from Bottari & Doyle, at (561)-588-2781 for a free consultation.