Seeing flashing lights in your rearview mirror is stressful. In that moment, panic can take over.
But in Florida, driving away – even briefly – can quickly turn a traffic stop into a serious felony, ultimately carrying prison time, license revocation, and a permanent criminal record.
Here’s what you need to know about Fleeing or Attempting to Elude in Florida.
What is Fleeing or Attempting to Elude?
In Florida, fleeing or attempting to elude is governed by Florida Statute 316.1935 and happens when a driver:
- Is ordered to stop by law enforcement
- Knows they are being directed to stop
- Willfully refuses or fails to stop OR after stopping, willfully flees in an attempt to elude the officer
It does not require a high-speed chase. Simply continuing to drive after lights and sirens are activated can lead to an arrest.
The Different Levels of Fleeing Charges in Florida
Not all fleeing cases are the same. Generally, the severity depends on what happened during the incident.
1. General Fleeing without any Aggravating Circumstances
When an officer directs a driver to stop and the driver willfully fails to do so without any aggravating circumstance, this is generally classified as a third degree felony.
Penalties are:
- Up to 5 years in prison
- Up to 5 years on probation
- A $5,000 fine
Additionally, a conviction will also result in a mandatory driver’s license revocation. The period of revocation will range from 1 to 5 years.
2. Fleeing or Attempting to Elude with Lights and Sirens activated
If an officer activates his lights and sirens directing the driver to stop and the driver willfully fails to comply, this is also typically a third degree felony.
Penalties are:
- Up to 5 years in prison
- Up to 5 years on probation
- A $5,000 fine
Additionally, a conviction will also result in a mandatory driver’s license revocation. The period of revocation will range from 1 to 5 years.
3. Fleeing or Attempting to Elude with High Speed or Reckless Driving
If an officer in a clearly marked patrol vehicle activates lights and sirens directing the driver to stop and the driver fails to stop with high speed or reckless driving, this is usually a second degree felony.
Penalties are:
- Up to 15 years in prison
- Up t0 15 years on probation
- A $10,000 fine
A conviction will also result in a mandatory driver’s license revocation. Once again, the period of revocation will range from 1 to 5 years.
4. Fleeing or Attempting to Elude Causing Injury or Death
When a driver causes injury or death during a fleeing or attempting to elude, the charge will be classified as a first degree felony and the penalties increase dramatically.
Penalties are:
- Up to 30 years in prison
- Up t0 30 years on probation
- A $10,000 fine
A conviction will also result in a mandatory driver’s license revocation for a period ranging from 1 to 5 years.
Common Defenses in Fleeing Cases
Every case turns on the specific facts. Some possible defenses include:
- Arguing that the driver lacks the required willful intent.
- Disputing the driver’s awareness of the officer’s directive to stop.
- Questioning whether the patrol vehicle was clearly marked.
- Disclosing that the driver was looking for a safe, well-lit place to stop or having a bona fide emergency.
Can a Fleeing Charge Be Reduced?
Yes – depending on the facts and any available mitigation that can be presented to the prosecutor.
Mitigation can ultimately include:
- No prior criminal record
- A clean driving record
- No accident or injury
- Cooperation after stopping
- Correcting underlying issues (license, insurance, tag)
Fleeing charges can be reduced in some cases. For example:
- Misdemeanor Reckless driving
- Misdemeanor Resisting without Violence
- Or resolved in a way that avoids prison exposure
Early intervention by a defense attorney is critical.
Why You Should Act Quickly
Generally, Fleeing charges often come with:
- Driver’s license revocation
- Habitual Offender consequences
- Significant sentencing scoresheet points
The sooner a defense attorney reviews, specifically:
- Dash cam footage
- Dispatch logs
- Vehicle positioning
- Speed calculations
Consequently, the stronger your position will be.
Protect Your Future
Don’t let a moment of fear define the rest of your life.
Therefore, if you are facing a fleeing or attempting to elude charge in Florida, it is important to speak with an experienced criminal defense attorney who understands both the law and how prosecutors evaluate these cases.