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:
- The defendant was operating a vehicle upon a street or highway in Florida.
- A duly authorized law enforcement officer ordered the defendant to stop or remain stopped.
- 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:
- the court must revoke your driver’s license for one (1) to five (5) years;
- 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
- 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
Can My Vehicle Be Seized for Forfeiture for Fleeing to Elude?
After an arrest for fleeing to elude a law enforcement officer in Pinellas County, FL, the arresting officer might seize your vehicle for forfeiture pursuant to Section 316.1935(7). That statute allows a law enforcement agency to seize any motor vehicle involved in fleeing to elude a law enforcement officer as “contraband” under the Florida Contraband Forfeiture Act pursuant to ss. 932.701-932.704.
After the seizure of your vehicle in Pinellas County, FL, the arresting officer will provide you with a “notice of forfeiture and property receipt.” That notice explains your rights to contest the forfeiture so you can get your vehicle back.
Your attorney can follow the instructions on the notice by filing a demand for an adversarial preliminary hearing (APH) within fifteen (15) days. If you want the vehicle back, there is no good reason not to demand the APH within fifteen (15) days of receiving the notice.
Once your attorney files this demand for the APH, the attorney for the agency must schedule an adversarial preliminary hearing (APH) with the court within ten (10) days of receiving the demand. The APH is held at the Criminal Justice Center (CJC) Courthouse in Clearwater, FL, on 49th Street.
If you prevail at the hearing, the court might order the agency to return the property and pay your reasonable attorney fees. If you lose the hearing, then the attorney for the agency must file a complaint for forfeiture, which is a civil lawsuit. You would then need to enter the lawsuit as a “claimant” to assert your claim and challenge the legality of the seizure.
This article was last updated on Thursday, February 1, 2024.
