đźš” Fleeing and Eluding in Florida: What You Need to Know
Under Florida Statute § 316.1935, fleeing and eluding occurs when a driver fails to stop or remain stopped after being ordered to do so by law enforcement. This charge is often enhanced by aggravating factors and carries serious felony penalties.
Here’s what the State must prove—and how an experienced criminal defense lawyer can help you fight back.
⚖️ Elements of the Offense
To convict someone of fleeing and eluding, the State must prove beyond a reasonable doubt that:
- The defendant operated a vehicle on a Florida street or highway
- A law enforcement officer ordered them to stop or stay stopped
- Knowing they were ordered to stop, the defendant:
- ❌ Willfully refused or failed to stop, or
- đźš™ Stopped but then fled in an attempt to elude the officer
🧾 Degrees of Fleeing and Eluding in Florida
🚨 Basic Fleeing and Eluding (Third-Degree Felony)
- Up to 5 years in prison or probation
- Up to $5,000 fine
- Mandatory license suspension (1–5 years)
đźš“ Aggravated: Lights and Sirens Activated
- Law enforcement must be in a marked patrol vehicle with lights and sirens activated.
- Still a third-degree felony
- Same penalties as above
- Often used to escalate charges during routine stops
🛣️ High-Speed or Reckless Fleeing (Second-Degree Felony)
This charge applies if the driver fled recklessly or at high speed while law enforcement had lights and sirens activated.
- Up to 15 years in prison or probation
- $10,000 fine
- Mandatory license revocation (1–5 years)
đź’Ą Causing Serious Injury or Death (First-Degree Felony)
If fleeing causes serious bodily injury or death, the State can charge:
- Up to 30 years in prison or probation
- $10,000 fine
- Mandatory license revocation (1–5 years)
📌 Related: 👉 Sentencing Factors in Florida Criminal Cases
🛡️ Legal Defenses to Fleeing and Eluding in Florida
If you’ve been charged with fleeing and eluding in Fort Lauderdale or anywhere in South Florida, you need a defense lawyer who understands the nuances of felony enhancements and how to challenge the State’s case.
At Michael White, P.A., we bring former prosecutor experience to every defense—and we know how to negotiate, suppress evidence, or fight for full dismissal.
📲 Call (954) 270-0769 or schedule your free consultation online today.
đź“ž Arrested for Fleeing and Eluding? Call Michael White, P.A.
If you’ve been charged with fleeing and eluding in Fort Lauderdale or anywhere in South Florida, you need a defense lawyer who understands the nuances of felony enhancements and how to challenge the State’s case.
At Michael White, P.A., we bring former prosecutor experience to every defense—and we know how to negotiate, suppress evidence, or fight for full dismissal.
📲 Call (954) 270-0769 or schedule your free consultation online today.
đź’¬ Frequently Asked Questions: Fleeing and Eluding in Florida
Q1: What is fleeing and eluding under Florida law?
A: Fleeing and eluding occurs when a person willfully refuses to stop—or stops and then drives away—after being ordered to do so by a law enforcement officer. It’s governed by Florida Statute § 316.1935.
Q2: Is fleeing and eluding always a felony in Florida?
A: Yes. Even the least severe form is a third-degree felony, punishable by up to 5 years in prison, a $5,000 fine, and a mandatory license suspension.
Q3: What makes fleeing and eluding charges more serious?
A: Aggravating factors—like speeding, reckless driving, or causing injury—can elevate the charge to a second- or first-degree felony with harsher penalties and longer prison exposure.
Q4: Can I be charged if I didn’t know the person was a police officer?
A: Possibly—but your defense lawyer may argue that you didn’t realize the person attempting to stop you was law enforcement, especially if the vehicle wasn’t clearly marked or the stop occurred at night.
Q5: Are there defenses to fleeing and eluding in Florida?
A: Yes. Defenses may include necessity, mistaken identity, unclear communication, or lack of knowledge that you were being lawfully ordered to stop.