Fleeing to Elude in Florida Defense

What happens if you're caught fleeing and eluding in Florida from a police officer?

In Florida, it is a crime to flee in a motor vehicle from a police officer. The severity of the offense depends on the facts of the case.

Florida Law includes four levels of the offense of Fleeing to Elude a Law Enforcement Officer.

I. Fleeing and Eluding a Law Enforcement Officer in Florida

To convict an accused Fleeing to Elude a Law Enforcement Officer in Florida, the prosecutor must prove:

  1. The accused was operating a vehicle upon a street or highway in Florida.
  2. A law enforcement officer ordered the accused to stop or remain stopped.
  3. The accused, knowing that he had been ordered to stop:
  4. Willfully refused or failed to stop the vehicle in compliance with the order; or
  5. Having stopped the vehicle, the accused then willfully fled in a vehicle in an attempt to elude the officer.

In Florida, Fleeing to Elude a Law Enforcement Officer is a third-degree felony punishable by a maximum of:

  • 5 years of imprisonment
  • A $5,000.00 fine
  • 5 years of probation
  • Mandatory Adjudication of Guilt
  • Mandatory 1 to 5-year revocation of the convicted person's driving license

II. Aggravated Fleeing to Elude a Law Enforcement Officer (Lights and Siren Activated) in Florida

To convict an accused of Aggravated Fleeing to Elude a Law Enforcement Officer (Lights and Siren Activated), the prosecutor must prove:

  1. The accused was operating a vehicle upon a street or highway in Florida.
  2. The accused, knowing he 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.

In Florida, Aggravated Fleeing to Elude a Law Enforcement Officer (Lights and Siren Activated) is a third-degree felony punishable by a maximum of:

  • 5 years of imprisonment
  • A $5,000.00 fine
  • 5 years of probation
  • Mandatory Adjudication of Guilt
  • Mandatory 1 to 5 year revocation of the convicted person's driving license

III. Fleeing to Elude a Law Enforcement Officer (Lights and Siren Activated with High Speed or Reckless Driving) in Florida

To convict an accused of Fleeing to Elude a Law Enforcement Officer (Lights and Siren Activated with High Speed or Reckless Driving) in Florida, the prosecutor must prove:

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

In Florida, Aggravated Fleeing to Elude a Law Enforcement Officer (Lights and Siren Activated with High Speed or Reckless Driving) is a second-degree felony punishable by a maximum of:

  • 15 years of imprisonment
  • A $10,000.00 fine
  • 15 years of probation
  • Mandatory Adjudication of Guilt
  • Mandatory 1 to 5-year revocation of the convicted person's driving license

IV. Fleeing to Elude a Law Enforcement Officer (Lights and Siren Activated with High Speed or Reckless Driving Causing Serious Bodily Injury or Death)

To convict an accused of Fleeing to Elude a Law Enforcement Officer (Lights and Siren Activated with High Speed or Reckless Driving Causing Serious Bodily Injury or Death), the prosecutor must prove:

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

In Florida, Aggravated Fleeing to Elude a Law Enforcement Officer(Lights and Siren Activated with High Speed or Reckless Driving Causing Serious Bodily Injury or Death) is a first-degree felony punishable by a maximum of:

  • 30 years of imprisonment
  • A $10,000.00 fine
  • 30 years of probation
  • Mandatory Adjudication of Guilt
  • Mandatory 1 to 5-year revocation of the convicted person's driving license

Mandatory Adjudication of Guilt

Under Florida law, if a person pleads guilty to fleeing to elude a law enforcement officer or if a person is found guilty at trial of fleeing to elude a law enforcement officer, the judge must adjudicate that person guilty of a felony. When a person is adjudicated guilty of a felony in Florida, they lose certain rights, like the right to possess a firearm.

Ineligibility to Seal or Expunge a Fleeing to Elude Case

When a Florida criminal history record is sealed or expunged, the public will not have access to it, and under most circumstances a person that has sealed or expunged a record can lawfully deny the arrest. However, under Florida law, if a person pleads guilty to fleeing to elude or if a person is found guilty at trial of fleeing to elude, the person convicted may not seal nor expunge his or her record.

Can a Fleeing to Elude Conviction make me a Habitual Traffic Offender?

Possibly. According to Florida law, a person can be designated a habitual traffic offender if they are convicted three or more times within five years of certain criminal traffic offenses.

According to Florida Statute 322.264, one of the types of offenses that counts towards becoming a habitual traffic offender is “any felony in the commission of which a motor vehicle is used.”

Fleeing to elude is a felony, and it involves the use of a motor vehicle, so it will count as one of the three strikes to becoming a habitual traffic offender. For example, let’s say that a person had one conviction for driving on a suspended license with knowledge, one conviction for DUI, and then they were found guilty of fleeing to elude. If all of those convictions were within five years of one another, the Florida Department of Highway Safety and Motor Vehicles would designate that person as a habitual traffic offender, and it would suspend the person’s driver’s license for 5 years.

Defenses to Fleeing to Elude a Law Enforcement Officer

There are a variety of defenses to fleeing to elude a law enforcement office. For example:

  • The person charged with fleeing to elude was not the driver of the vehicle that fled the police. There are times when a person charged with fleeing to elude was not arrested the day of the alleged fleeing and eluding. Basically, the idea is that the driver that fled to elude got away from the police. The police often claim to have seen a particular person behind the wheel of the vehicle, but identifications like this can be challenged in court. For example, a number of factors can influence how accurately an officer can identify a driver, including the time of day, the amount of tint on a window, the speed of the vehicles, the length of time the officer observed the driver, and the weather conditions.
  • The driver did not intend to flee the police. In order to convict a person of fleeing to elude a law enforcement officer, the prosecutor must prove that the driver intended to flee from law enforcement. However, there are circumstances in which an officer may signal the driver of a vehicle to pull over, but the driver continues to drive because it is unsafe to pull over. Also, there are times when the driver of a vehicle may not be aware that a law enforcement officer was signaling them to pull over due to loud music or some other distraction.
  • The officers did not turn on their lights and sirens. Several years ago, the Hardy Law Firm represented a person charged with aggravated fleeing to elude a law enforcement officer. The officers wrote in their police reports that they had turned on both their lights and sirens as they pursued the driver. Attorney Hardy was able to obtain an audio recording of the radio communications between the officers that was made during the chase. The recording proved that the officers never turned on their sirens, which led to the State reducing the charges against the driver.

Are you looking for the best criminal defense lawyer in Tampa Florida to represent you in a Fleeing to Elude a Law Enforcement Officer charge?

Tampa Criminal Defense Attorney David C. Hardy is a former prosecutor that now represents persons accused of Fleeing to Elude a Law Enforcement Officer. He is Board Certified by the Florida Bar and the National Board of Trial Advocacy as an Expert in Criminal Trial Law. As a prosecutor and defense attorney, he has extensive experience handling Fleeing to Elude a Law Enforcement Officercharges.

If you or a loved one has been arrested for Fleeing to Elude a Law Enforcement Officer in Hillsborough County Florida, Pinellas County Florida, or Pasco County Florida, contact Attorney David C. Hardy. He has the knowledge, skills, and experience to guide you through this process and obtain the best possible results.