Fleeing and Eluding Attorney in Miami, FL

Whether you or a loved one has been arrested or is under investigation for fleeing and eluding, it is critical to consult with an experienced attorney as soon as possible to ensure that your rights are protected. You need the counsel of an experienced Miami fleeing and eluding attorney to guide you through the process and maximize your chances of resolving your case with a favorable outcome.

Fleeing and eluding is a felony in Florida. Certain offenses causing serious bodily injury or death carry a three-year mandatory minimum prison sentence.

Given the penalties these charges carry, seek advice from an attorney experienced in fleeing and eluding cases as soon as possible after an arrest.

What is Fleeing and Eluding?

Florida Statutes, Section 316.1935 defines fleeing and eluding. Depending on the conduct and resulting harm, the offense may be a third-degree, second-degree, or first-degree felony.

Third-Degree Fleeing and Eluding

There are two ways the prosecutor can prove the third-degree felony of fleeing and eluding. In the first scenario, the State has to prove three elements beyond a reasonable doubt:

  1. You were operating a vehicle on a street or highway in Florida.
  2. A duly authorized law enforcement officer ordered you to stop or remain stopped.
  3. Knowing you had been ordered to stop by a duly authorized law enforcement officer, you:

a. willfully refused or failed to stop the vehicle in compliance with the order; or

b. having stopped the vehicle, you then willfully fled in an attempt to elude the officer.

In the second scenario, the prosecutor must also prove three elements. They are:

  1. You were operating a vehicle on a street or highway in Florida.
  2. Knowing that you had been directed to stop by a duly authorized law enforcement officer, you willfully fled in a vehicle in an attempt to elude a law enforcement officer.
  3. The officer was in an authorized law enforcement patrol vehicle with agency jurisdictional markings prominently displayed and with its siren and lights activated.

Third-degree fleeing and eluding ordinarily carries up to five years in prison and a $5,000 fine. A conviction also requires driver’s license revocation for one to five years. The court cannot withhold adjudication.

Siren and Lights Activated with High Speed or Reckless Driving

Fleeing from an officer in an authorized patrol vehicle with prominently displayed agency jurisdictional markings, lights, and siren can become a second-degree felony if the driver travels at high speed or shows wanton disregard for the safety of people or property. If that conduct causes serious bodily injury or death, the charge becomes a first-degree felony.

High speed and wanton disregard are separate grounds for this enhanced charge. Although reckless driving is a related offense, the State does not have to prove wanton disregard when it proves the high-speed alternative.

Second-degree fleeing and eluding ordinarily carries up to 15 years in prison and a $10,000 fine, mandatory adjudication, and driver’s license revocation for one to five years.

First-degree fleeing and eluding causing serious bodily injury or death ordinarily carries up to 30 years in prison and a $10,000 fine. It also requires a three-year mandatory minimum prison term, adjudication, and driver’s license revocation for one to five years.

Aggravated Fleeing and Eluding

“Aggravated fleeing and eluding” is a criminal charge that combines the crimes of “fleeing and eluding” and leaving the scene of an accident. Depending on the facts of the case, it can be charged as a second-degree or first-degree felony.

Definition of Aggravated Fleeing and Eluding

You can be charged with aggravated fleeing and eluding if:

In the course of unlawfully leaving or attempting to leave the scene of a crash, you willfully fail to stop after having been ordered to stop by a duly authorized law enforcement officer, or having stopped, you then willfully flee in an attempt to elude the officer, and as a result of the fleeing or eluding, you:

    1. Cause injury to another person or cause damage to any property belonging to another person; or
    2. Cause serious bodily injury or death to another person, including any law enforcement officer involved in pursuing or otherwise attempting to stop you.

Aggravated fleeing and eluding causing injury or damage to another person’s property ordinarily carries up to 15 years in prison and a $10,000 fine, mandatory adjudication, and driver’s license revocation for one to five years.

Aggravated fleeing and eluding causing serious bodily injury or death ordinarily carries up to 30 years in prison and a $10,000 fine. It also requires a three-year mandatory minimum prison term, adjudication, and driver’s license revocation for one to five years.

Defenses to a Fleeing and Eluding Charge

Possible defenses to a Fleeing and Eluding charge can include:

  • You didn’t willfully flee and elude the officer
  • You had a legal excuse for not complying with the officer’s order based on extenuating circumstances
  • You weren’t aware that the person was a law enforcement officer
  • You weren’t aware that you were ordered to stop
  • You didn’t realize that an officer was pursuing you
  • For charges requiring a marked patrol vehicle with lights and siren activated, the evidence does not establish those requirements.

We also defend other criminal traffic charges in Miami.

Contact an Experienced Miami Fleeing and Eluding Attorney

Over the years, our attorneys have represented many clients in fleeing and eluding cases. By taking the immediate action of hiring an experienced Miami fleeing and eluding attorney to defend yourself, you are minimizing the chances that your case will have lasting consequences for your career, personal life, and reputation.

CALL US NOW for a CONFIDENTIAL CONSULTATION at (305) 538-4545, or simply take a moment to fill out our confidential and secure intake form.* The additional details you provide will greatly assist us in responding to your inquiry.

*Due to the large number of people who contact us requesting our assistance, it is strongly suggested that you take the time to provide us with specific details regarding your case by filling out our confidential and secure intake form. The additional details you provide will greatly assist us in responding to your inquiry in a timely and appropriate manner.

IF YOU ARE MAKING A DECISION ON HIRING A LAWYER FOR A FLEEING AND ELUDING CASE, ALWAYS INVESTIGATE AN ATTORNEY’S QUALIFICATIONS TO ENSURE THEY HAVE THE EXPERIENCE AND QUALIFICATIONS TO PROPERLY DEFEND YOU.