Fleeing and Eluding | Miami Fleeing and Eluding Attorney

This is a serious traffic related crime and deserves proper legal representation. The prosecutor and the cops involved are going to be very aggressive with persons accused of fleeing and eluding the police. 

What Is Fleeing and Eluding a Law Enforcement Officer?

Florida statute 316.1935 states that: “It is unlawful for the operator of any vehicle, having knowledge that he or she has been ordered to stop such vehicle by a duly authorized law enforcement officer, willfully to refuse or fail to stop the vehicle in compliance with such order or, having stopped in knowing compliance with such order, willfully to flee in an attempt to elude the officer.” This is a third degree felony punishable by up to five (5) years in prison.

If a person operated the vehicle “…at high speed, or in any manner which demonstrates a wanton disregard for the safety of persons or property” they will be facing a second degree felony punishable by up to fifteen (15) years in state prison.

If a person 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 they will be facing a first degree felony punishable by up to thirty (30) years in state prison with a minimum mandatory prison sentence of three (3) years.

A person’s license will also be revoked from 1 to 5 years, depending on the judge’s discretion.

Defending Your Fleeing and Eluding Traffic Charge

The prosecutor must prove beyond a reasonable doubt that the defendant knew or should have known that the police were trying to stop them for a traffic violation or suspicion of criminal activity. However, there are many police cars that are unmarked and have no visible display of being a police car except for flashing lights that anyone can buy. By properly investigating your fleeing and eluding charge your attorney ensures that your rights are protected and the government doesn't steamroll you. Attorney Antonio Jimenez is a former Miami prosecutor and an experienced criminal lawyer. He has prosecuted and defended fleeing and eluding crimes and is uniquely qualified to defend you. Contact him today for a free confidential consultation.