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Fleeing and Attempting to Elude Law Enforcement in Orlando


In the state of Florida, fleeing a law enforcement officer or attempting to elude is a serious felony charge. In most situations, individuals are charged with a third-degree felony. Unfortunately, those convicted of fleeing and eluding will never be able to have the charge expunged or sealed in the future, which means it will always remain on your criminal record. At Adams & Luka, we understand the seriousness of being charged with this crime, and how critical it is that you select a capable and aggressive Orlando traffic attorney for legal guidance and representation.

What is fleeing and attempting to elude law enforcement? Under Florida Statute §316.1935, this offense has been committed when an individual:

  • Drives a vehicle on a Florida highway or street;
  • After the driver was ordered by a duly authorized law enforcement officer to remain stopped; and
  • The driver, aware that the duly authorized law enforcement officer had ordered him/her to stop either
  1. Intentionally or purposely failed or refused to stop the vehicle and comply with the officer's order; or
  2. Having stopped the vehicle, fled intentionally in a vehicle in an effort to elude or escape the officer.

While this is the basic definition of fleeing and eluding, there are aggravating circumstances which may leave the accused facing more serious penalties. These circumstances include:

  • The occurrence of serious bodily injury or death
  • Activation of officer's sirens and lights
  • Reckless or high speed driving

Fleeing or attempting to elude law enforcement can create an extremely dangerous situation with catastrophic results in some cases. Regardless of how minor or serious your case may be, it is important to consult with a skilled defense attorney.

Defenses to Charges of Fleeing and Attempting to Elude Law Enforcement in Florida

A conviction for fleeing and eluding could affect your life forever. Essentially, whether you are found guilty could be determined by the prosecutor's ability (or inability) to prove beyond a doubt that you were aware (had knowledge) that a law enforcement officer had ordered you to stop, and that you intentionally did not. Running from a police officer who has a clearly marked patrol car with lights activated is considering fleeing as well.

The defense your attorney will develop will depend on the facts of your case, the availability (or lack of) evidence, and other factors. It is also important to note that the state must prove every element of a crime in order for the defendant to be found guilty.

Penalties for Fleeing and Attempting to Elude Law Enforcement in Orlando & Central Florida

As mentioned earlier, this is a crime classified as a third-degree felony. Felony offenses are always punished more harshly than those classified as misdemeanors. The criminal penalties for fleeing and attempting to elude law enforce without any aggravating factors include:

  • A maximum of five (5) years in prison
  • A maximum of five (5) years probation
  • Maximum of $5,000 in fines
  • Driver's license suspension of between one (1) and five (5) years

If you are convicted and the circumstances involve high speeds/reckless driving or result in serious bodily injury or death, the penalties increase substantially in terms of number of years in prison/probation and fine amounts.

Contact Adams & Luka Today

While it may not seem a serious crime, fleeing and eluding should absolutely be taken seriously, as a conviction could cost you not only your freedom, but reputation and career as well. At Adams & Luka, we believe in an aggressive approach and defend the rights of our clients relentlessly, working toward the best possible outcome. Contact us now for a free consultation at (407) 872-0307 or (352) 787-2101.

Client Reviews

I would like thank my attorney Thomas Luka. I knew from the beginning I had the right guy in my corner. While celebrating with family and friends at a Public Park in Seminole County, a fight broke out among various people. Myself, and a good friend, broke up the fight and the instigators left. Six months later, I was wrongly accused as the person who started the fight. The first attorney I hired could not even get a response from the State Attorney handling the case. Someone referred me to Tom and I felt comfortable at his demeanor and reactions.

After conversations with Tom, who knew I would settle for nothing less than a FULL DISMISSAL due to my innocence, I hired him. His firm of Adams and Luka did the due diligence by interviewing witnesses and the police who were on the scene, as well as starting a dialogue with the State Attorney. After gathering statements from witnesses, Tom was able to present a strong argument on my behalf to the State Attorney on why the case should be dismissed. If the State Attorney was not willing to dismiss the case, Tom was ready to take the case to trial.

The result by Thomas Luka: Case Dismissed.

I am 53 years old with a spotless record and glad to keep it that way thanks to the time, effort, hard work, and professionalism of the Adams and Luka and Tom Luka.

Earl from Mesquite
Thomas Luka left a life-long great impression of lawyers. He was always professional, on time, and answered things honestly. From the start and during the 14 months it went on - Tom was very upfront and honest with me about the possible outcomes. The result was better than I had hoped for. Tom really over-delivered. HIGHLY RECOMMEND. Marcela Giorgi
Adams and Luka were very professional and savvy in the courtroom. When you're in court with Mr. Luka you will think you have the best attorney there. I recommend this law firm. Pioneer Tech
Rich Adams is an outstanding criminal attorney. I have had the opportunity to refer several friends and clients to his practice for handling of criminal matters, and on every occasion he has produced an excellent result. Rich practices with attention to detail, a thorough knowledge of the law, and a passion to defend his clients. I will continue to refer clients to Rich Adams, and would strongly recommend him for your legal needs. Brian Pink