Fleeing and Eluding the Police
Most people think of a car racing away from pursuing police cars when they think of this offense. However, there are many forms of fleeing and eluding the police. Section 316.1935 of the Florida statutes covers these variations of the offense. The important thing to remember is that this charge is considered serious.
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Fleeing or attempting to elude a law enforcement officer; aggravated fleeing or eluding
All fleeing and eluding charges have similar elements. First, a person has to be operating a motor vehicle. Second, a duly authorized law enforcement officer has to order the driver to stop or remain stopped. Third, the driver knows that law enforcement has ordered him to stop. And last, the driver willfully refuses to stop or remain stopped.
On Foot or in Marked Patrol Vehicle
The police officer does not have to be in a police car. He can be on foot, directing traffic and order a driver to stop his or her car. Failure to stop under these circumstances is a Third Degree Felony. If the police officer is in a marked patrol vehicle with lights and sirens activated refusing to stop is also a Third Degree Felony (definition).
High Speed Chase
If during the fleeing from a police officer in a marked patrol vehicle the driver drives at high speed, or in any manner which demonstrates a wanton disregard for the safety of persons or property, the driver commits a Second Degree Felony (definition). If anyone is seriously injured or killed during the fleeing the offense becomes a First Degree Felony (definition).
Fleeing from Accident
If a driver involved in a car accident fails to obey an order to stop or remain stopped he or she also commits the offense of fleeing. This form of the fleeing offense can be stacked on top of other offenses such as s. 316.027 of the Florida statutes - leaving the scene of a "crash involving death or personal injuries" which is a First Degree Felony. If found guilty of fleeing from an accident scene where property damage or serious bodily injury or death occurs the court is mandated to sentence the defendant to a minimum mandatory 3 years in prison.
To Speak to Eric J Dirga, a Florida Criminal Defense Attorney
I represent people accused of misdemeanors and felonies for both state statutes and municipal ordinances. I have been doing this since 1995 in Orlando, Kissimmee, Sanford and surrounding Florida counties. Contact us to set up a time for a consultation either over the phone or in person.
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