Florida Statute §316.1935 | Classification: Third-Degree Felony to First-Degree Felony
What Is This Charge?
Fleeing or attempting to elude a law enforcement officer occurs when a driver, having been ordered to stop by a clearly identifiable officer using a siren, flashing lights, or both, willfully refuses to stop or flees in a vehicle.
Penalties & Fines
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Base offense (failure to stop): Third-Degree Felony — up to 5 years, $5,000 fine
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Fleeing at high speed or with lights/sirens activated: Second-Degree Felony — up to 15 years, $10,000 fine
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Fleeing causing serious bodily injury: First-Degree Felony — up to 30 years
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Fleeing causing death: First-Degree Felony — up to 30 years with mandatory minimum
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Mandatory driver’s license revocation upon conviction
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Vehicle may be impounded
Additional Consequences
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Permanent felony record
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Possible civil liability for damages caused during the flight
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Immigration consequences for non-citizens
Possible Defenses
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You did not see or hear the officer’s signals (lights or siren)
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The officer was not clearly identifiable as law enforcement
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You stopped as soon as it was safe to do so
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Mistaken identity — wrong vehicle identified
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The stop itself was unlawful
Why You Need a Defense Attorney
Fleeing to elude cases often involve dashcam video, body camera footage, and GPS data. An experienced attorney will analyze all available evidence, challenge whether the officer’s signals were clearly perceptible, and assess whether any exception applies. Even a base fleeing charge is a felony.
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