FLEEING & ELUDING, AND YOUR LICENSE

Florida law has severe punishments for the crime of Fleeing and Eluding. (http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0300-0399/0316/Sections/0316.1935.html Depending on the facts of your case, the crime could be punishable by anywhere from five to thirty years in prison. This all depends on the facts. Did you flee from the police while their lights and sirens were engaged (third degree felony, up to five years in prison), or, flee at a high rate of speed disregarding safety of others (second degree felony, up to fifteen years in prison), or flee at a high rate of speed causing serious bodily injury to another (first degree felony, up to thirty years in prison) Even with these harsh penalties to consider, there are further penalties that can cause substantial difficulties to anyone convicted of these crimes.

Subsection (5) of this statute requires the court to impose a mandatory one year suspension of the convicted person’s drivers license. Further, the statute requires a mandatory adjudication of guilt, meaning that you will be a convicted felon if you plead to this charge, even if it is your first offense. That also means that you will not be eligible to seal or expunge your record.

Many of the fleeing and eluding cases that our Pasco County Criminal Defense Attorneys handle involve juveniles who flee from law enforcement out of fear. The juvenile system follows the same criminal statutes, but the punishments are not necessarily the same. For example, Florida Courts have determined that a “conviction” as an adult, is not the same as a determination of “delinquency” as a juvenile. This means that not only can a juvenile client potentially avoid a mandatory conviction, but they may also avoid a mandatory license suspension. https://scholar.google.com/scholar_case?case=1795502429111436901&q=67+so3d+232&hl=en&as_sdt=4,10 Though many parents may not be thinking about these issues in light of the severity of the charge, it can prevent major repercussions with the proper guidance of an experienced Criminal Defense Attorney

It is also important to understand that this crime requires proof of “willfulness” in order for any conviction to stand. So, if you were in fact behind a law enforcement officer but did not immediately pull over due to construction or inconvenient traffic conditions, this does not automatically warrant a charge of fleeing and eluding. Be that as it may, overzealous officers will disregard these circumstances and charge individuals nonetheless. This is where an experienced criminal defense lawyer will be invaluable.

Fleeing and Eluding charges also often include a charge of DUI. Whether there was sufficient probable cause to stop your car for Fleeing and Eluding could be essential to a defense in your DUI case. All police stops of a vehicle must be supported by probable cause or reasonable suspicion. If they are not, your attorney can file a motion to suppress and evidence of your crime could potentially be thrown out, leading to a dismissal of your case. Contact our experienced attorney to see your legal options.