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Fleeing to Elude a Law Enforcement Officer

Fleeing to Elude a Law Enforcement Officer:
Defined as:
  1. Operating a vehicle in the State;
  2. Knowing you have been directed to stop by a law enforcement officer;
  3. Willfully fleeing in a vehicle in an attempt to elude a law enforcement officer;
Penalties:
  • Fleeing to Elude a Law Enforcement Officer is a felony of the third degree, punishable by up to 5 years in prison & no more than a $5,000 fine. 
- Section 316.1935 of the Florida Statutes
Aggravated Fleeing to Elude & Fleeing to Elude at High Speed:
The penalties for Fleeing to Elude A Law Enforcement Officer can be more severe in cases involving certain aggravating factors:
  • Fleeing to Elude Law Enforcement at (1) "high speed"; OR (2) in any manner which demonstrates a wanton disregard for the safety of persons or property enhances the offense to a felony of the second degree, punishable by up to 15 years in prison and no more than a $10,000 fine.​
  • Fleeing to Elude Law Enforcement at (1) "high speed"; OR (2) in any manner which demonstrates a wanton disregard for the safety of persons or property; AND (3) causing serious bodily injury or death to another person enhances the offense to a felony of the first degree, punishable by up to 30 years in prison (including a minimum mandatory of 3 years) and no more than a $10,000 fine. 
- Section 316.1935(3)(a-b) of the Florida Statutes
Mandatory Adjudication of Guilt:
  • Florida law requires that any person convicted of Fleeing to Elude a Law Enforcement Officer MUST BE ADJUDICATED GUILTY, meaning that no judge has the discretion to withhold adjudication for this criminal offense. 
- Section 316.1935(6) of the Florida Statutes
Mandatory Driver's License Revocation:
  • A conviction for Fleeing to Elude a Law Enforcement Officer will result in a revocation of your driver's license of at least 1 year, but no more than 5 years.
- Section 316.1935(5) of the Florida Statutes
Possible Forfeiture of Motor Vehicle:
  • Any motor vehicle used to flee from law enforcement is considered contraband, may be seized and subject to forfeiture. 
- Section 316.1935(7) of the Florida Statutes
CALL NOW FOR YOUR FREE CASE CONSULTATION WITH A TAMPA CRIMINAL DEFENSE ATTORNEY
  • A conviction for Fleeing to Elude a Law Enforcement Officer can have serious consequences including fines, a driver's license revocation and jail or prison time. The prohibition on withholding adjudication for this offense means that even with no prior criminal record, a conviction for this offense will designate you as a convicted felon. 
  • If you have been charged with Fleeing to Elude a Law Enforcement Officer call (813) 787-4849 now for a free case consultation. 
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