Can You Beat a Fleeing and Eluding Charge in Florida?

Defending Against a Fleeing and Eluding Charge in Florida

The consequences of a fleeing and eluding charge in Florida can result in penalties ranging from fines to years of imprisonment. However, being charged does not mean you are automatically guilty. With the right legal strategy, it is possible to fight these charges and, in some cases, get them reduced or even dismissed.

What is Fleeing and Eluding in Florida?

Under Florida Statute 316.1935, fleeing and eluding occurs when a driver, knowing they have been ordered to stop by law enforcement, willfully refuses to stop or attempts to escape. The statute outlines varying degrees of this offense, with escalating penalties depending on certain aggravating factors.

There are generally three levels of fleeing and eluding charges in Florida. Basic fleeing and eluding is a third-degree felony, occurring when a driver fails to stop after being ordered to do so by law enforcement. A second-degree felony occurs if the driver continues to flee after law enforcement has activated their lights and sirens. Aggravated fleeing and eluding is a first-degree felony charged if the fleeing results in serious bodily injury or death caused by a reckless disregard for the safety of others.

Penalties for Fleeing and Eluding

The penalties for fleeing and eluding in Florida are severe and vary depending on the level of the offense. A third-degree felony may be punishable by up to 5 years in prison, 5 years of probation, and a $5,000 fine. A second-degree felony may result in a sentence of up to 15 years in prison and a $10,000 fine. A first-degree felony charge may result in up to 30 years in prison and a $10,000 fine. A conviction leads to a mandatory driver’s license revocation of at least 1 year and potential vehicle forfeiture.

How Can You Beat a Fleeing and Eluding Charge?

While these charges are serious, several legal defenses can help you fight back. The specifics of your case will determine your defense strategy, but there are several common defenses.

Lack of Intent

The prosecution must prove that you willfully and knowingly fled law enforcement. You may have a strong defense if you show that you did not realize the officer was pulling you over, perhaps due to poor visibility, a malfunctioning siren, or confusion.

Speed and Traffic Conditions

Traffic conditions and road safety can significantly affect how quickly a driver can safely stop. If you were on a busy highway, in heavy traffic, or driving in hazardous weather conditions, stopping suddenly might have posed a danger to you and others. Your attorney can argue that your decision to continue driving for a short distance was based on safety concerns, not an intent to flee. If you slowed down, activated your hazard lights, or used other signals indicating your intention to stop safely, this could strengthen your defense.

Unlawful Traffic Stop

If the officer did not have probable cause for the traffic stop, any evidence obtained from the stop could be thrown out in court. Law enforcement must have a valid reason to pull you over or reasonably believe that a crime was being committed. The stop and any evidence gathered may be deemed inadmissible if your attorney can prove that the officer stopped you without cause. This could significantly weaken the prosecution’s case against you.

Coercion or Duress

This could be a valid defense if you were fleeing because you feared for your safety. Coercion or duress involves proving that you were forced to act against your will due to an immediate threat of harm. This defense may apply if you reasonably believed that stopping would have exposed you to danger, such as a passenger with a weapon or threatening violence if you pulled over. To strengthen this claim, your attorney will gather supporting evidence, like witness statements, text messages, or other proof of the threat.

Insufficient Evidence

The prosecution must prove the charges beyond a reasonable doubt. Your lawyer can argue for reducing or dismissing charges if there is weak or conflicting evidence, like unclear dashcam footage or unreliable witness statements. Inconsistencies in police reports, lack of video evidence, or contradictions in officer testimony can also be used to challenge the strength of the prosecution’s case. Your attorney might subpoena records, interview witnesses, and scrutinize every detail to expose these weaknesses.

Lack of Police Identification

If the law enforcement officer was not identifiable, you may not have realized the police were pursuing you. For example, they may have been in an unmarked vehicle and not wearing a uniform. This can be a strong defense, especially if you had reason to fear for your safety.

The Importance of Legal Representation

Successfully fighting a fleeing and eluding charge in Florida requires the expertise of a skilled criminal defense attorney. An experienced lawyer will review the evidence against you, determine weaknesses in the prosecution’s case, file motions to suppress unlawful evidence, negotiate with prosecutors for reduced charges or plea deals, or build a strong defense strategy tailored to your situation.

Let The Defense Group Fight for Your Rights after a Fleeing and Eluding Charge

Don’t let one mistake define your future. A fleeing and eluding charge can carry severe penalties, but you can fight back with the right legal strategy. The Defense Group is dedicated to creating a solid defense and pursuing the best possible outcome for your case. Contact us today at 407-743-8430 for a free case evaluation and take the first step toward protecting your freedom.