Criminal Defense
Since 1993
Since 1993
WHAT SHOULD YOU KNOW ABOUT THE CHARGE OF FLEEING AND ATTEMPTING TO ELUDE IN CENTRAL FLORIDA? FAQs
Q: What is fleeing and attempting to elude?
A: Fleeing and attempting to elude is a serious charge in Florida. It occurs when a driver does not pull over immediately after being signaled to stop by a law enforcement officer. This hesitation can lead to charges, especially if the officer feels the driver is deliberately trying to evade arrest. The problem is, some people are complying with the officer, but trying to find a safe area to pull over, and the hunt for a safe place to pull over should not be charged as a crime (though it often is, unfortunately).
Q: What are the potential penalties for fleeing and attempting to elude?
A: The penalties for fleeing and attempting to elude can be severe:
- Basic Fleeing: This is a third-degree felony and carries a maximum of five years in prison.
- Upgraded Charges: If the fleeing is upgraded to a second-degree felony, the prison time can be up to 15 years.
- Injury During Fleeing: If someone is injured during the incident, there is a minimum mandatory sentence of three years in prison, no gain time, and the government can seize the vehicle used to flee.
- Driver’s License Suspension: Every fleeing charge comes with a minimum one-year driver’s license suspension, which can be extended up to five years at the judge’s discretion.
Q: What are the defenses against a fleeing and eluding charge?
A: There are several defenses against a fleeing and eluding charge:
- Misinterpretation of the Situation: Sometimes, the initial arrest report may make the situation sound worse than it actually was. Reviewing body cam footage, dash cam footage, and traffic cams can provide a clearer picture of what happened. Most police reports make the “chase” sound worse than it actually was.
- Technicalities and Loopholes: The prosecution must prove specific details, such as the agency insignia and jurisdictional markings on the police vehicle. For example, in the case of Sidney Slack versus State of Florida, the conviction was overturned because the prosecution failed to prove the jurisdictional markings on the officer’s car. Slack v. State, 30 So. 3d 684 (Fla. 1st DCA 2010).
- Immediate Compliance: If you can demonstrate that any delay in pulling over was due to confusion or uncertainty, and not a deliberate attempt to evade, this can be a strong defense.
If you’re facing a fleeing and attempting to elude charge in Central Florida, including Orange, Seminole, Osceola, Brevard, Lake, or Volusia counties, it’s crucial to contact an experienced criminal defense attorney. I am John Guidry, and I have extensive experience (since 1993!) defending clients against these charges. Let’s see how we can help you navigate this situation.