In Florida, fleeing to elude is a serious criminal offense that occurs when a driver intentionally fails to stop or tries to escape from law enforcement after being ordered to pull over. The offense is governed by Florida Statutes § 316.1935, and it can range from a second-degree felony to a first-degree felony depending on the circumstances.  People charged with committing this offense in Jacksonville must appear in the Duval County Court to answer the charges.  

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Definition of Fleeing to Elude:

Fleeing to elude occurs when a person:

1. Willfully refuses or fails to stop their vehicle after a law enforcement officer orders them to do so, or

2. Flees or attempts to elude a law enforcement officer who is in a marked patrol vehicle with lights and sirens activated.

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Degrees of Fleeing to Elude:

The severity of the charge depends on the specific actions of the driver and the circumstances surrounding the incident.

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1. Basic Fleeing to Elude (Second-Degree Felony):

Occurs when a driver simply refuses to stop or tries to flee from law enforcement after being signaled to stop.

 

Penalties: Up to 15 years in prison, 15 years of probation, and fines up to $10,000.

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2. Fleeing to Elude with High Speed or Reckless Driving (Second-Degree Felony):

 

Occurs when a driver flees from law enforcement at high speeds or drives recklessly while attempting to elude the officer.

Penalties: Up to 15 years in prison, 15 years of probation, and fines up to $10,000. There is a mandatory minimum sentence of 3 years in prison.

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3. Fleeing to Elude with High Speed or Reckless Driving Causing Serious Bodily Injury or Death (First-Degree Felony):

Occurs when fleeing at high speeds or driving recklessly results in serious bodily injury or death to another person.

 

Penalties: Up to 30 years in prison, 30 years of probation, and fines up to $10,000. There is a mandatory minimum sentence of 3 years in prison.

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4. Fleeing to Elude a Law Enforcement Officer with Lights and Sirens Activated (First-Degree Felony):

Occurs when a driver flees from law enforcement in a manner that shows a wanton disregard for the safety of others, leading to potential injury or property damage.

Penalties: Up to 30 years in prison, 30 years of probation, and fines up to $10,000. There is a mandatory minimum sentence of 5 years in prison.

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Additional Consequences:

Driver's License Revocation: A conviction for fleeing to elude can result in the mandatory revocation of your driver’s license for a minimum of 1 year and up to 5 years.

Permanent Criminal Record: A conviction will result in a permanent criminal record, which can impact future employment, housing, and other opportunities.

Impact on Civil Rights: As with other felony convictions, a person convicted of fleeing to elude may lose certain civil rights, such as the right to vote or possess firearms.

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Defenses to Fleeing to Elude:

Several defenses may be available to someone charged with fleeing to elude, depending on the circumstances of the case:

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1. Lack of Knowledge: The defendant may argue that they did not realize that a law enforcement officer was signaling them to stop.

2. Emergency Situation: If the defendant was fleeing due to a legitimate emergency, such as a medical crisis, this may serve as a defense.

3. Improper Law Enforcement Conduct: If the law enforcement officer did not follow proper procedures, such as failing to activate lights and sirens, this could be a defense.

4. Mistaken Identity: In some cases, the defense may argue that the wrong person was charged with the crime.

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Importance of Legal Representation:

Fleeing to elude is a serious charge with potentially life-altering consequences. It is crucial to seek legal representation from an experienced Duval County criminal defense attorney who can evaluate the evidence, challenge the prosecution's case, and work to reduce or dismiss the charges.

 

In summary, fleeing to elude in Florida is a felony offense that involves willfully refusing to stop or attempting to escape from law enforcement. The penalties vary depending on the circumstances, with potential prison time, fines, and other significant consequences. Legal representation is essential for anyone facing this charge.  If you are facing these charges in Jacksonville please call our office for a free consultation.