What Is Fleeing and Eluding
The offense of "Fleeing and Eluding" is defined by Section 316.1935, Florida Statutes. Under Florida law the prosecutions, the crime of Fleeing and Eluding consists of three primary elements:
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; and The defendant, knowing that he or she had been directed to stop by the police officer, (a) willfully refused or failed to stop the vehicle in compliance with the order, or (b) having stopped the vehicle, willfully fled in vehicle in an attempt to elude the officer.
In addition to the above, there are three other commonly charged varieties of Fleeing and Eluding, as outlined in Section 316.1935 of the Florida Statutes. They are as follows:
- Fleeing and Eluding: Sirens and Lights Activated- Fleeing an Eluding in Florida may also be committed where the flight occurs in the context of a police officer activating his or her lights and sirens.
- Fleeing and Eluding: Sirens and Lights Activated with High Speed or Reckless Driving- The penalties available for Fleeing an Eluding will be enhanced where the defendant engages in a high speed chase or other forms of reckless driving.
- Fleeing and Eluding: Sirens and Lights Activated with High Speed or Reckless Driving Causing Serious Bodily Injury or Death- The penalties for Fleeing and Eluding a Police Officer will be further enhanced where the reckless driving or high speed chase causes death or serious bodily injury to another person.
Penalties for Daytona Beach Fleeing and Eluding
In Florida, the penalties for Fleeing and Eluding a Police Officer are severe. With no aggravating circumstances (reckless driving, a high speed chase, or bodily injury) Fleeing and Eluding is classified as a third degree felony, carrying a maximum penaltie of up to 5 years in prison or 5 years of probation, and a $5,000 fine. In addition, a conviction for fleeing and eluding will result in a mandatory driver’s license revocation, which may range from 1 to 5 years in duration.
Where the accused engages in a high speed chase or reckless driving endangering other persons or property, the offense is reclassified as a second degree felony, with penalties of up to 15 years in prison or 15 years of probation, and a $10,000 fine. If the conduct results in death or serious bodily injury, the offense is further upgraded to a first degree felony, with penalties of up to 30 years in prison or 30 years of probation with a three (3) year minimum mandatory prison sentence, and a $10,000 fine.