Fleeing And Eluding

Fleeing and eluding a law enforcement officer is a very serious criminal offense with potentially harsh consequences, depending on the circumstances leading to the arrest. The penalties associated with this crime have recently been stiffened to discourage people from refusing to stop for police officers. The offense is classified as a felony, either a third-degree felony punishable by up to five years in state prison, a second-degree felony punishable by up to 15 years in state prison, or a first-degree felony punishable by up to 30 years in state prison depending on the circumstances.

If you have been charged with fleeing and eluding a law enforcement officer, immediately contact me, former prosecutor Justin Caldarone of The Caldarone Law Group, P.A., for a free consultation to protect your liberty and good name. Call 239-244-3242 or email the office.

Fleeing To Elude A Law Enforcement Officer

To prove the crime of Fleeing to Elude a Law Enforcement Officer, the State Attorney must prove the following three elements beyond a reasonable doubt:

  1. The person charged was operating a motor 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 person charged, knowing he or she had been directed to stop by a duly authorized law enforcement officer,
  1. Willfully refused or failed to stop the vehicle in compliance with the order or
  2. Having stopped the vehicle, willfully fled in an attempt to elude the officer.
  • The law enforcement officer was in an authorized law enforcement patrol vehicle with agency insignia and other jurisdictional markings prominently displayed on the vehicle and with siren and lights activated.

"Operator" means any person who is in actual physical control of a motor vehicle upon the highway [or who is exercising control over or steering a vehicle being towed by a motor vehicle].

"Willfully" means intentionally, knowingly and purposely.

Fla. Stat. § 316.1935(2)