Fleeing and Eluding a Police Officer

For fleeing to elude crimes charged under Florida Statute § 316.1935(1), the following three elements must be proven beyond all reasonable doubt at trial:

1. The defendant was operating a vehicle upon a street or highway in Florida.
2. A duly authorized law enforcement officer ordered the defendant to stop or remain stopped.
3. The defendant, knowing he or she had been ordered to stop by a duly authorized law enforcement officer, either:
   • willfully refused or failed to stop the vehicle in compliance with the order; or
   • having stopped the vehicle, willfully fled in a vehicle in an attempt to elude the officer.

Pursuant to § 316.003(83), Fla. Stat., the term “street or highway” is defined to mean “the entire width between boundary lines of every way or place of whatever nature when any part thereof is open to the public for purposes of vehicular traffic.”

A conviction for fleeing to elude under Section 316.1935 has the following unusual features:

1. the court must revoke your driver’s license for one (1) to five (5) years;
2. the court must adjudicate the defendant guilty of the offense and is not allowed to suspend, defer, or withhold adjudication of guilt or imposition of sentence; and
3. after an arrest for fleeing to elude, the police can seize your vehicle for forfeiture pursuant to ss. 932.701-932.704.

Attorney for Fleeing and Eluding in Pinellas County, FL

Contact us for an initial consultation to discuss any charge of fleeing and eluding a police officer, the typical penalties imposed, and the best way to fight the charges aggressively.

We also represent clients on related charges of reckless driving under Section 316.192(1)(b) or disobedience to police or fire department officials under Section 316.072(3).

Our office is located at 14010 Roosevelt Blvd Suite 701, Clearwater, FL 33762-3820, near the CJC Courthouse.

Don’t face the judge alone. Contact our experienced criminal defense lawyers in Pinellas County, FL.

Call 727-210-7004. 

Types of Fleeing to Elude Crimes in Florida

Under Florida law, crimes related to fleeing and eluding can be charged as follows:

• Fleeing to Elude a Law Enforcement Officer § 316.1935(1)
• Fleeing to Elude a Law Enforcement Officer § 316.1935(2)
• Fleeing to Elude a Law Enforcement Officer (Siren and Lights Activated with High Speed or Reckless Driving) § 316.1935(3)(a)
• Fleeing to Elude a Law Enforcement Officer § 316.1935(3)(b)
• Aggravated Fleeing or Eluding (Leaving a Crash Involving Serious Bodily Injury, Injury, or Death then Causing Serious Bodily Injury or Death) § 316.1935(4)(b) and § 316.027
• Aggravated Fleeing or Eluding § 316.1935(4)(b) and § 316.061
• Aggravated Fleeing or Eluding (Leaving a Crash Involving Serious Bodily Injury, Injury, or Death then Causing Injury or Property Damage to Another) § 316.1935(4)(a) and § 316.027
• Aggravated Fleeing or Eluding § 316.1935(4)(a) and § 316.061

This article was last updated on Tuesday, March 28, 2023.