“Park It Like It’s Hot”: How to Beat a Fleeing Charge When You weren’t Even Speeding

By: John Guidry

Some of you “Dear Readers” are locals, so you’ve survived driving I-4. For those of you visiting Orlando, your passengers will be exclaiming “Did you see that?” several times per mile. Yes, I-4 is the most dangerous road in the United States. It’s official—Google it. Unfortunately, I drive it twice a day.

It should be no surprise that America’s Most Dangerous Highway also contains its most insane drivers. I try not to get too angry at them, because they are going to need my help defending the “Big Three” of insane driving:

1. Drunk Driving
2. Reckless Driving
3. Fleeing and Eluding (The most serious of the bunch).

Did you panic when you saw the blue lights?

Fleeing is a felony. Call John today at (407) 423-1117.

Snoop Dogg’s Legal Advice

Fleeing the cops is never a good idea, as no one can “outrun a dispatch radio.” Many a rap song has advised against this. In 2004, Pharrell and Snoop Dogg imparted this wisdom:

“When the pigs try to get at you, park it like it’s hot, park it like it’s hot, park it like it’s hot.”

You would think that after repeating this three times, it must be true. But for those who panic and don’t “park it,” how can you beat the rap?

The Case: Canidate v. State (The 5 MPH Chase)

Today’s real-life example comes to us in Canidate v. State, 2018 Fla. App. LEXIS 2268 (Fla. 4th DCA 2018).

• The Crime: Canidate was driving along when he saw blue lights. Confused because he hadn’t done anything wrong, he called 911 while driving to ask if the cop was real.
• The “Chase”: He was driving 40 mph in a 35 mph zone (5 mph over).
• The Takedown: Law enforcement didn’t wait. They used a PIT maneuver to spin his car off the road.

The Sentence: Despite only going 5 mph over the limit, Canidate was convicted of Aggravated Fleeing (Second Degree Felony) and sentenced to 5 Years in Prison.

The Appeal: Speed Matters

Canidate’s lawyer argued that the charge should be thrown out because the State failed to prove the “Aggravated” elements. To be “Aggravated Fleeing,” the driver must:

1. Drive at a High Rate of Speed, OR
2. Drive with Wanton Disregard for safety.

The Ruling: The Appeals Court agreed and reversed the conviction.

• Not “High Speed”: Going 5 mph over the limit is not “high speed.” In Steil v. State, even going 20 mph over wasn’t enough.
• No “Wanton Disregard”: Since no other cars or pedestrians were run off the road, there was no disregard for safety.

The Result: The 5-year prison sentence was thrown out. Canidate was only guilty of the lesser charge (Standard Fleeing), which carries much less time.

John’s 2026 Update: The “Slow Roll” Crackdown

Note: In 2018, Canidate won because he was driving slowly. In 2026, the law has closed that loophole.

1. The “HB 113” Update (2025) The Florida Legislature recently passed HB 113, famously known as the “Slow Roll” bill.

• The Change: It explicitly defines “Fleeing” to include “Delayed Compliance.” If you slow down but don’t stop immediately (e.g., driving an extra mile to a “safe” gas station), police can now charge you with a felony even if you never sped up.
• The Defense: We now have to prove your delay was “Reasonable” (e.g., unlit highway, no shoulder) rather than “Willful.”

2. Video is Everything (Notice to Preserve) Fleeing charges sink or swim by video.

• The Tactic: Don’t give up just because the cop says his dash cam “wasn’t working.”
• The Tech: In 2026, we pull footage from Tesla Sentry Mode, Uber/Lyft Dash Cams nearby, and Red Light Cameras (stored in Austin, Texas).
• The “Black Box” (EDR): We download your car’s Event Data Recorder. If the cop says you were doing 100 mph, but your car’s computer says you never broke 45 mph, the “Aggravated” charge disappears.

3. Street Takeovers Be careful—new laws also allow the State to seize and forfeit your car if you are fleeing from a “Street Takeover” or racing event, even if you are just a spectator trying to leave.

Don’t Let Panic Ruin Your Life

If you didn’t stop immediately because you were scared or looking for a safe spot, you shouldn’t be treated like a felon.

Call me at (407) 423-1117. Let’s pull the video evidence.

About John Guidry II

John Guidry II is a seasoned criminal defense attorney and founder of the Law Firm of John P. Guidry II, P.A., located in downtown Orlando next to the Orange County Courthouse, where he has practiced for over 30 years. With more than three decades of experience defending clients throughout Central Florida since 1993, Guidry has successfully defended thousands of cases in Orange, Seminole, Osceola, Brevard, Lake, and Volusia counties. He has built a reputation for his strategic approach to criminal defense, focusing on pretrial motions and case dismissals rather than jury trials.

Guidry earned both his Juris Doctorate and Master of Business Administration from St. Louis University in 1993. He is a member of the Florida Bar and the Florida Association of Criminal Defense Lawyers. His practice encompasses the full spectrum of Florida state criminal charges, with a particular emphasis on achieving favorable outcomes through thorough pretrial preparation and motion practice.

Beyond the courtroom, Guidry is a prolific legal educator who has authored over 400 articles on criminal defense topics. He shares his legal expertise through his popular YouTube channel, Instagram, and TikTok accounts, where he has built a substantial following of people eager to learn about the law. His educational content breaks down complex legal concepts into accessible information for the general public.

When not practicing law, Guidry enjoys tennis and pickleball, and loves to travel. Drawing from his background as a former recording studio owner and music video producer in the Orlando area, he brings a creative perspective to his legal practice and continues to apply his passion for video production to his educational content.