Occasionally, a police officer may attempt to stop a vehicle and feel that the vehicle did not stop soon enough. After the stop, the officer may arrest the person for fleeing to elude, even if the person states that he did not did not see the police vehicle behind him.
Section 316.1935(2) states that:
(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 . . .
If you or someone you know have been charged with fleeing to elude, you may be facing a lengthy prison sentence, depending on a number of factors such as:
- Driving at high speed commits a felony of the second degree.
- Driving at high speed and causing serious bodily injury or death commits a felony of the first degree and the judge shall sentence any person to a mandatory minimum sentence of 3 years imprisonment.
Any person who leaves the scene of a crash and as a result of such fleeing or eluding:
- Causes injury to another person or causes damage to any property, commits aggravated fleeing or eluding, a felony of the second degree.
- Causes serious bodily injury or death to another person, commits aggravated fleeing or eluding with serious bodily injury or death, a felony of the first degree.
Also, the judge shall revoke the driver’s license of a person convicted of fleeing or eluding for a period not less than 1 year nor more than 5 years.
Any motor vehicle involved in fleeing or eluding is deemed to be contraband and may be seized and is subject to forfeiture.
Have You or a Loved One Been Arrested for a Fleeing or Eluding Offense?
If you or someone you know have been charged with fleeing to elude, you may be facing a prison sentence, loss of your driver’s license and forfeiture of your vehicle. You need a qualified and experienced criminal defense lawyer to defend you.
Should I Contact a Criminal Defense Attorney?
If you or a loved one are under investigation or have been charged with fleeing to elude it is important to speak with an experienced criminal defense lawyer. An experienced criminal defense attorney may be able to keep you from going to jail. It is important that you explore all the possible defenses and options available to avoid conviction or reduce your sentencing exposure.
Why Fernandez & Hernandez?
The criminal defense attorneys at Fernandez & Hernandez may be able to help you find a solution that does not involve a lengthy prison sentence. Some options are:
- Motion to dismiss – If the stopping vehicle was an unmarked vehicle and did not have any agency insignia and other jurisdictional markings prominently displayed on the vehicle, an arrest for fleeing to elude may be improper;
- Plea – Minimal sentence or probation or other options may suit certain individuals who wish to resolve the case without the risk of a trial that could conclude in a lengthy prison sentence; and
- Trial – Many individuals are not guilty of the charges and may win at trial.
If you or someone you know needs help with a fleeing to elude investigation or arrest in the Tampa Bay area, Fernandez & Hernandez will guide you through the process.
The attorneys at Fernandez & Hernandez are bilingual and will provide a free and confidential consultation so that you can discuss your situation.
If you have been arrested for fleeing to elude in the Tampa Bay area, call Tampa criminal defense lawyer Daniel J. Fernandez of Fernandez & Hernandez at (813) 229-5353.