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Florida Fleeing to Elude

Florida Fleeing to Elude

Palm Beach and Broward County Attorneys for Fleeing to Elude Charges

If a police officer is pursuing a suspect, Florida law requires that the person stop. If he or she does not, the law makes it a serious crime. Fleeing to elude a law enforcement office is a felony offense, and can result in time in prison and heavy fines, even if the suspect is not convicted or even charged with the offense for which police were pursuing him or her.

West Palm Beach Fleeing to Elude Lawyer

If you are charged with Fleeing to Elude or another serious traffic crime in Palm Beach County or Broward County, then contact the attorneys at Meltzer & Bell, P.A.. Call us at (561) 557-8686 to discuss your case and how we can fight these serious charges.

With offices in West Palm Beach and Fort Lauderdale, we represent clients on serious traffic offenses, like fleeing to elude, throughout Palm Beach and Broward Counties, including Boca Raton, Pembroke Pines, Boynton Beach and Hollywood.

Information on Fleeing to Elude Charges in Florida

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Penalties for Fleeing to Elude

The penalties for fleeing and attempting to elude a law enforcement officer depend on the way the offense is charged.

  • Without any aggravating factors, fleeing and eluding is charged as a third degree felony punishable by up to five years in prison and a $5,000 fine.
  • If it is alleged that the fleeing to elude involved reckless driving or a high speed chase then the offense is reclassified as a second degree felony. This form of fleeing to elude is punishable by up to 15 years in prison and a $10,000 fine.
  • If the act of fleeing to elude resulted in the death or serious bodily injury of another person, then the offense is reclassified to a first degree felony. This version of aggravated fleeing to elude is punishable by up to 30 years in Florida State Prison and a $15,000 fine.

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Different Types of Fleeing to Elude Crimes in Florida

Florida law provides for a number of different types of fleeing to elude crimes in Florida. The different versions of the crime depend on the way it occurred, and whether certain aggravated factors were proven.

  • The term “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].”
  • The term “street or highway” means 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.

Fleeing to Elude a Law Enforcement Officer § 316.1935(1), Fla. Stat.

§ 316.1935(1), Fla. Stat., sets out the elements of fleeing to elude a law enforcement officer. Those elements require the prosecutor with the State Attorney’s office to prove beyond a reasonable doubt of the following:

  • 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 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.

Fleeing to Elude a LEO § 316.1935(2), Fla. Stat.

§ 316.1935(2), Fla. Stat., sets out the following elements focused on the vehicle having proper insignia with sirens and lights activated.

  • Defendant was operating a vehicle upon a street or highway in Florida.
  • Defendant, knowing he had been directed to stop by a duly authorized law enforcement officer, willfully fled in a vehicle in an attempt to elude a law enforcement 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.

Other versions of the offense include:

  • 28.8 Fleeing to Elude a LEO (Siren and lights activated with high speed or reckless driving) § 316.1935(3)(a), Fla. Stat., requires the additional element that: “During the course of the fleeing or the attempt to elude, (defendant) drove at high speed or in any manner demonstrating a wanton disregard for the safety of persons or property.”
  • 28.81 Fleeing To Elude A LEO (Siren and lights activated with high speed or reckless driving causing serious bodily injury or death) § 316.1935(3)(b), Fla. Stat., requires the additional element that: “As a result of (defendant’s) fleeing or eluding at high speed or wanton disregard for safety, [he] [she] caused [the death of] [serious bodily injury to] [another person] [a law enforcement officer involved in pursuing or otherwise attempting to stop [his] [her] vehicle].”
  • 28.82 Aggravated Fleeing or Eluding (Leaving a Crash Involving Injury or Death then Causing Serious Bodily Injury or Death) § 316.1935(4)(b) and § 316.027, Fla. Stat.
  • Under § 316.1935(4)(b) and § 316.027, Fla. Stat., the offense of aggravated fleeing or eluding involves an allegation that the driver left a crash involving injury or death then as a result of fleeing or eluding, caused serious bodily injury or death to another person. Other forms of aggravated fleeing and eluding can be charged under § 316.1935(4)(a) or (b) and § 316.061 or § 316.027.

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Driver License Revocation for Fleeing and Eluding

Section 316.1935(5), Fla. Stat., provides that a conviction comes with a court ordered driver’s license revocation for one to five years.

Option #1 – Apply to the Bureau of Administrative Review (BAR) office for early reinstatement with a hardship license. If you are eligible, you can request a hearing for a hardship license. If the hearing officer approves your application for a hardship license with a specific restriction. After your application for a hardship license is approved, then the hearing officer will indicate on your driving record that you have been authorized to obtain a hardship license and the specific type of restriction that must be added. Then the driver pays a reinstatement fee.

Option #2 – The driver can wait out the revocation period. Once the revocation period has expired, the driver will pay a reinstatement fee.

The only way to avoid this court ordered revocation is to avoid the conviction by successfully fighting the charges.  Unfortunately, under Florida law, there is NO WAY to obtain a withhold of adjudication upon a plea and/or a finding of guilty by a judge or jury.  The only way to avoid being a convicted felon is to beat the charge!  This is why hiring a lawyer at Meltzer & Bell, P.A. is vital in the defense of these allegations.

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Finding a Fort Lauderdale Attorney for Fleeing to Elude

If you were charged with the serious felony offense of fleeing to elude then contact an experienced attorney at Meltzer & Bell, P.A.. We represent clients on these charges and other types of criminal traffic offenses such as driving under the influence, racing, and driving while license suspended or revoked. Call us to learn how we aggressively fight criminal charges.

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Felony Possession Of Controlled Substance and DUI (Second Offense w/in 5)
The Defendant was charged with Felony Possession of Controlled Substance, punishable by 5 years in prison, and Driving Under the Influence, a second DUI offense within five years of a prior DUI conviction which carries a mandatory jail sentence and a five-year driver’s license revocation. The Defendant’s vehicle was stopped by Officer Malave of the Sunrise Police Department for repeatedly stopping and starting his vehicle near an intersection and for violating a flashing yellow light by stopping and remaining stationary at the intersection. Officer Malave approached the vehicle and made contact with the Defendant. Upon making contact with the Defendant, the Officer noticed that the defendant had the strong odor of an alcoholic beverage, bloodshot and watery eyes, slurred speech ; and the Defendant was incapable of formulating complete sentences. The Defendant would nod off in mid-sentence and was completely incoherent at times. After making those observations, Officer Malave, a female called for the assistance of two male officer’s due to the Defendant’s condition and physical size. The male officers loudly ordered the Defendant out of the car on multiple occasions, but the Defendant would not comply. The Officers attempted to forcibly remove the Defendant from the vehicle, but the Defendant resisted those efforts by bracing, pulling and stiffening his body so that the officers could not move him. The Defendant was slammed to the ground, which the officers took as a refusal to perform roadside exercises and then incorrectly read the Defendant implied consent, which only applies to breath tests. Officers noticed that there ere three cans of beer in the vehicle as well. The Defendant was arrested for DUI and was NOT taken to the Breath Testing Facility and DUI Room, but only the Broward County Main Jail. The Defendant was never asked to submit to a breath test. After the Defendant’s arrest, Officers discovered 27 pills located in a tackle box in the Defendant’s vehicle which ultimately were revealed to be anabolic steroids. Partner, Lawrence Meltzer of Meltzer & Bell prepared for trial. During preparation, the firm filed several Motions in Limine (Motions to Exclude Evidence) that asked the court to exclude any reference to roadside exercises or the Defendant’s alleged refusal top perform them as the Defendant was not offered the roadside exercises and, thus, never refused them. Additionally, the court was asked to exclude any mention of a refusal to submit to a breath test or failure to give on as, again, one was never offered. Finally, the court was asked to prohibit the State from discussing the anabolic steroids as such pills, although a controlled substance, are not those of an impairing or intoxicating nature. After receiving the Motion, the state conceded and was compelled to drop all DUI related charges. Meltzer & Bell was also able to have all felony drug charges dropped as well.
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Result:  Not Guilty
Driving Under the Influence
The Defendant was charged with Driving Under the Influence. Officers of the Davie Police Department were alerted by a concerned citizen that our client was leaving The Billiard Club, a pool bar, in an extremely intoxicated state and about to drive. The Officer approached the vehicle as the car was in reverse, ordered the Defendant to stop the vehicle and conducted a wellness check and noticed the Defendant had bloodshot eyes, the odor of an alcoholic beverage, and extremely slurred speech. Based on those observations, the officer asked the Defendant to perform roadside sobriety exercises, to which the defendant refused. The Defendant was placed under arrest for DUI and was asked to submit to a breath test, but, again refused. Lawrence Meltzer of Meltzer and Bell began to prepare for trial and researched case law in an effort to suppress or throw out the stop of the Defendant’s vehicle and all evidence that followed the stop as being unconstitutional and based upon a lack of reasonable suspicion as the Defendant had done nothing to justify her vehicle being stopped. The firm and Mr. Meltzer researched a similar factual scenario in State v. Sliviak in which the stop was suppressed based upon a lack of reasonable suspicion of criminal activity in an almost identical situation. This case law was presented to the State prior to trial. Upon receiving it, the State agreed and dropped the DUI charge.
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Result:  Charges Dropped
REFUSAL TO SUBMIT TO TESTING
The Defendant was observed by Officer Troy Murdock of the Coral Springs Police Department traveling 55 in a 40mph and weaving uncontrollably to the extent traffic began to slow in order to evade her. The officer activated his emergency lights in order to stop the Defendant, however, she did not until she was forced to because of a traffic backup at the intersection of Riverside Drive and Coral Springs Drive. Upon making contact with the Defendant, the officer noticed the defendant to have an extremely strong odor of an alcoholic beverage; that she could not handle or identify her vehicle documentation and that her speech was extremely slurred and that she was disoriented to the point where she was nodding off in front of the officer. When asked if she knew how fast she was moving the defendant responded by saying “I was doing 99.9”. The Defendant was asked to exit the vehicle and could not place the car in park. Upon exiting the vehicle, the Defendant almost fell into oncoming traffic and had to be saved by the officer. The Defendant could not maintain her balance and was disheveled in her appearance. The defendant refused to perform roadside exercises and later refused a breath test. The defendant had previously been arrested for DUI and previously had her licensed suspended for refusing a breath test and admitted to “having some vodkas”. Meltzer & Bell, once again, proceeded to trial. At trial, our attorneys were able to demonstrate that the officer was not truthful in his testimony through the use of photographs and google satellite photos, and based upon the testimony of the client.
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Result:  DUI Dismissed
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This past year I bought myself a new toy. It’s the third bike I’ve owned, so ‘Im familiar with the tickets that come with it. So far Steven Bell, Esq. has had my reckless driving reduced to a $50 fine and driving school-no points and a complete dismissal of criminal charges. Had my driving without a license dropped-no points. And a 30 over speeding ticket to a fine and driving school-no points. I’d have to say this law-firm handles their own. If your looking for a stress free way of handling your tickets call Meltzer and Bell PA, “The Traffic Stop”.

L.J.
19 Aug 2023

Meltzer and Bell, P.A., “The Traffic Stop,” really went above and beyond in their representation of me in Osceola County on my speeding ticket. They may possibly be THE BEST traffic lawyers I’ve ever encountered. Be sure to send your friends and family to the Meltzer and Bell, P.A., “The Traffic Stop,” for their traffic ticket and DUI needs. I can’t believe that they got the result that they did. Quite simply, they are the most professional firm that I have ever dealt with, and their level of expertise and communication is unparalleled.

I sincerely thank you for everything.

J.N.
27 Jul 2023

I just had to commend you on the outstanding job you did on behalf of your client in court yesterday. If my clients were ever to ask me if I know of a good DUI defense attorney, I know to whom I can refer them!

A.A.
14 Jun 2023

I just wanted to thank you for taking care of my ticket for me. I am thrilled with the outcome and I will definitely refer you to all my family and friends! Thank you so much!

C.W.
05 May 2023

Thank you Meltzer and Bell, The Traffic Stop, for handling my recent accident case. You did an amazing job in getting my case dismissed and saved me TONS of money in the long run. I will always recommend your services to anyone who wants the job done right!

K.R.
25 Apr 2023
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