Fleeing and Eluding Offenses Lawyer
Fleeing and Eluding has a broad range of charges that can be
associated with the offense. Michael Mirer is an experienced
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Fleeing and Eluding Laws by Statute
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your rights and Fleeing and Eluding.
316.1935 Fleeing or attempting to elude a law enforcement
officer; aggravated fleeing or eluding.--
(1) It is unlawful for the operator of any vehicle, having
knowledge that he or she has been ordered to stop such vehicle by
a duly authorized law enforcement officer, willfully to refuse or
fail to stop the vehicle in compliance with such order or, having
stopped in knowing compliance with such order, willfully to flee
in an attempt to elude the officer, and a person who violates this
subsection commits a felony of the third degree, punishable as
provided in s. 775.082, s. 775.083, or s. 775.084.
(2) Any person who willfully flees or attempts to elude a law
enforcement officer in an authorized law enforcement patrol
vehicle, with agency insignia and other jurisdictional markings
prominently displayed on the vehicle, with siren and lights
activated commits a felony of the third degree, punishable as
provided in s. 775.082, s. 775.083, or s. 775.084.
(3) Any person who willfully flees or attempts to elude a law
enforcement officer in an authorized law enforcement patrol
vehicle, with agency insignia and other jurisdictional markings
prominently displayed on the vehicle, with siren and lights
activated, and during the course of the fleeing or attempted
eluding:
(a) Drives at high speed, or in any manner which demonstrates a
wanton disregard for the safety of persons or property, commits a
felony of the second degree, punishable as provided in s. 775.082,
s. 775.083, or s. 775.084.
(b) Drives at high speed, or in any manner which demonstrates a
wanton disregard for the safety of persons or property, and causes
serious bodily injury or death to another person, including any
law enforcement officer involved in pursuing or otherwise
attempting to effect a stop of the person's vehicle, commits a
felony of the first degree, punishable as provided in s. 775.082,
s. 775.083, or s. 775.084. Notwithstanding any other provision of
law, the court shall sentence any person convicted of committing
the offense described in this paragraph to a mandatory minimum
sentence of 3 years imprisonment. Nothing in this paragraph shall
prevent a court from imposing a greater sentence of incarceration
as authorized by law.
(4) Any person who, in the course of unlawfully leaving or
attempting to leave the scene of a crash in violation of s.
316.027 or s. 316.061, having knowledge of an order to stop by a
duly authorized law enforcement officer, willfully refuses or
fails to stop in compliance with such an order, or having stopped
in knowing compliance with such order, willfully flees in an
attempt to elude such officer and, as a result of such fleeing or
eluding:
(a) Causes injury to another person or causes damage to any
property belonging to another person, commits aggravated fleeing
or eluding, a felony of the second degree, punishable as provided
in s. 775.082, s. 775.083, or s. 775.084.
(b) Causes serious bodily injury or death to another person,
including any law enforcement officer involved in pursuing or
otherwise attempting to effect a stop of the person's vehicle,
commits aggravated fleeing or eluding with serious bodily injury
or death, a felony of the first degree, punishable as provided in
s. 775.082, s. 775.083, or s. 775.084.
The felony of aggravated fleeing or eluding and the felony of
aggravated fleeing or eluding with serious bodily injury or death
constitute separate offenses for which a person may be charged, in
addition to the offenses under ss. 316.027 and 316.061, relating
to unlawfully leaving the scene of a crash, which the person had
been in the course of committing or attempting to commit when the
order to stop was given. Notwithstanding any other provision of
law, the court shall sentence any person convicted of committing
aggravated fleeing or eluding with serious bodily injury or death
to a mandatory minimum sentence of 3 years imprisonment. Nothing
in this subsection shall prevent a court from imposing a greater
sentence of incarceration as authorized by law.
(5) The court shall revoke, for a period not less than 1 year nor
exceeding 5 years, the driver's license of any operator of a motor
vehicle convicted of a violation of subsection (1), subsection
(2), subsection (3), or subsection (4).
(6) Notwithstanding s. 948.01, no court may suspend, defer, or
withhold adjudication of guilt or imposition of sentence for any
violation of this section. A person convicted and sentenced to a
mandatory minimum term of incarceration under paragraph (3)(b) or
paragraph (4)(b) is not eligible for statutory gain-time under s.
944.275 or any form of discretionary early release, other than
pardon or executive clemency or conditional medical release under
s. 947.149, prior to serving the mandatory minimum sentence.
(7) Any motor vehicle involved in a violation of this section is
deemed to be contraband, which may be seized by a law enforcement
agency and is subject to forfeiture pursuant to ss.
932.701-932.704. Any vehicle not required to be titled under the
laws of this state is presumed to be the property of the person in
possession of the vehicle.
History.--s. 1, ch. 71-135; s. 1, ch. 76-31; s. 4, ch. 85-309; s.
52, ch. 89-282; s. 1, ch. 94-276; s. 896, ch. 95-148; s. 1, ch.
98-274; s. 140, ch. 99-248; s. 1, ch. 2004-388.
Note.--Former s. 316.019.
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