Law is not black or white, it's grey

561-686-6886

Florida fleeing & eluding lawyer, high speed reckless

Florida Fleeing eluding marked police, car high speed reckless, Aggravated fleeing and eluding

Highlights:

1 year to 5 year driver’s license revocation is mandatory.

The judge cannot withhold adjudication of guilt if you are convicted.  This could potentially be a dire consequence for someone, especially if they have never been arrested before. If they're convicted of this, they will always be a convicted felon. They cannot get the case sealed, expunged or otherwise cleaned. They lose their right to vote, right to possess a firearm and run for public office, among other important rights.

The cops can forfeit a car used in the commission of fleeing and eluding.   Forfeiture is not just for drug cases.  That means they could seize your car, auction it off, and keep the money.

It has to be willful (intentional).

Depending on how fleeing and eluding is charged, there may be minimum mandatory prison time.

There are different types of fleeing and eluding charges under Florida law. The severity depends on the circumstances. They are all felonies.

 

Defenses to fleeing and eluding in Florida

Fleeing and eluding in Florida is an intentional crime. It has to be willful. If it's not willful, and that may be your best defense. Sometimes police may be behind you with the lights and siren going, but you don't know it until after they think you are allegedly fleeing/eluding.  That may be a defense.

 

Ordered to stop, keeps going

If the operator of the vehicle has knowledge that the cops ordered them to stop the vehicle and they willfully refuse to stop the vehicle, that’s a felony of the 3rd degree, punishable by up to five years in prison.

 

Ordered to stop, stopped, then flees to elude the cop

This scenario is also a 3rd degree felony, punishable by up to 5 years prison.

 

Willfully flees/eludes cops in marked cop car with siren and lights going 

This scenario is also a 3rd degree felony, punishable by up to 5 years prison.

 

Willfully flees/eludes cops in marked cop car with siren and lights going and drives at a high speed or in wanton disregard for the safety of persons or property

This scenario is a second-degree felony, punishable by up to 15 years in prison.

 

Willfully flees/eludes cops in marked cop car with siren and lights going and drives at a high speed or in wanton disregard for the safety of persons or property and causes serious bodily injury or death to another person, including any law enforcement officer involved in pursuing or otherwise attempting to effect a stop of the person’s vehicle.

This scenario is the 1st degree felony, punishable by up to 30 years in prison.  A minimum mandatory three year prison sentence is required upon conviction. The judge can sentence above that, but he cannot sentence below the three-year minimum mandatory.

 

Leave the scene of an accident, ordered to stop by the cops, willfully flee or elude, and as a result of fleeing or eluding, causes injury to another person or causes property damage to another person.

This is called aggravated fleeing and eluding. It is punishable by up to 15 years in prison and is a second-degree felony.

 

Leave the scene of an accident, ordered to stop by the cops, willfully flee or elude, and as a result of fleeing or eluding, causes bodily injury or death to another person.

This is called aggravated fleeing and eluding with serious bodily injury or death and is punishable by 30 years in prison, a first degree felony. Upon conviction, the judge must sentence any person convicted of committing aggravated fleeing or eluding with serious bodily injury or death to a mandatory minimum sentence of 3 years imprisonment. The judge could sentence the defendant to more time, but cannot go below the 3 year minimum mandatory prison sentence. Also, the defendant is not eligible for statutory gain time or any form of discretionary early release, other than a pardon or executive clemency or conditional medical release.

 

-Grey

"Law is not black or white, it's Grey"

561-686-6886

Florida fleeing and eluding lawyer, high speed reckless

West Palm Beach, Miami, Fort Lauderdale and the Florida Keys