High Speed or Recklessly Fleeing or Attempting to Elude Law Enforcement Officer - 316.1935(3)

fleeing and eluding

Have you been charged with a fleeing or eluding a law enforcement officer and speeding or driving recklessly in the State of Florida? This offense is codified under Florida Statute 316.1935. Pursuant to the Florida statute, it is illegal for a person who is driving a car to not only continue driving after being ordered to stop by a police officer, but to drive recklessly or at a high speed. If you are facing charges of fleeing or eluding at a high speed or in a reckless manner, contact an attorney at the Law Office of Roger P. Foley, P.A. to discuss the possible punishments and your defense options.

What the State Has to Prove for You to Be Convicted

In order for the State to prove you have violated this law, the State must prove:

(1) You were operating a car/truck on a street or highway in Florida;

(2) An authorized law enforcement officer ordered you to stop and you fled;

(3) The law enforcement officer was a marked police car with lights and sirens on; and

(4) While fleeing, you drove at high speed or drove in a way that indicated that you did not care about the safety of other people or property.

If you are facing charges for fleeing and eluding while speeding or driving recklessly, an attorney from our firm could help you determine the best possible defense.

Typically, a person is charged with a second-degree felony of fleeing and eluding a law enforcement officer when he speeds away from a marked police car that is behind him with lights and sirens. Many people fail to realize that being afraid of a simple traffic stop could turn into a serious felony charge by the defendant trying to get away from the officer.

A person could be driving on any street or highway in the State of Florida to be charged with fleeing and eluding. A person could be driving a vehicle, such as a car or truck, or anything that can be used to move a person or property on a highway. That means that in Florida, a person can flee or elude on bike, motorcycle, or even a lawn mower – anything that moves and that is not stopped by you when ordered by a police officer can facilitate a charge for fleeing and eluding.

The defendant does not have to be fleeing at high speed but could drive slowly and act in a reckless manor towards other people. For example, driving through stop signs, red lights, or up on a sidewalk.

It is important to note that even if the State cannot prove all of the elements of fleeing and eluding, a person charged with this offense could also find themselves being charged with other crimes, such as disobedience to police or fire department officials, pursuant toFlorida Statute 316.072(3), or reckless driving, under Florida Statute 316.192.

Punishment for High Speed or Recklessly Fleeing from a Law Enforcement Officer

Contacting an attorney when you are facing these charges is vital. Fleeing at high speed or recklessly is a second-degree felony and you could be facing up to fifteen years in Florida State Prison. Other penalties could include the forfeiture of your vehicle, your license being revoked between one (1) and five (5) years, and an adjudication of guilt on your record.

If a person was seriously injured or was killed, the charge becomes a first-degree felony which is punishable up to 30 years in prison and a $10,000 fine. There is a minimum mandatory prison sentence of three years.

Contact the Law Office of Roger P. Foley, P.A.

If you are facing charges of high speed or recklessly fleeing and eluding in the State of Florida, contact an attorney at our firm to discuss your options and defense strategy.

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