Fleeing and Eluding

If you or a loved one is facing fleeing and eluding charges in St. Petersburg, Clearwater or the surrounding areas of Pinellas County, Florida, swift and strategic legal representation is crucial. The best Pinellas County Fleeing and Eluding Lawyers at the Law Offices of Marc N. Pelletier bring over three decades of combined experience to the table, ensuring that you receive top-notch defense.

Fleeing and Eluding Definitions

Florida Statute 316.1935 provides that it is unlawful for any driver, knowing that he or she has been ordered to stop by law enforcement, to willfully refuse or fail to stop. This conduct is classified under Florida law as a third-degree felony offense, punishable by up to five years in state prison. Moreover, a conviction for this offense will result in a suspension of the defendant’s license for a period of one to five years.

Aggravating Factors

Although a simple charge of Fleeing and Eluding is serious, there are certain factors that exist in some cases that cause the penalties to be even more severe. For example:

• Fleeing from law enforcement at a “high speed,” or in a reckless manner, is elevated to a second-degree felony, punishable by up to fifteen (15) years in prison.
• Fleeing from law enforcement at “high speeds” or in a reckless manner which results in death or the serious bodily injury of another is a first-degree felony.
• Leaving the Scene of a Crash and then fleeing from law enforcement and, as a result, of fleeing, injures or causes property damage to another, is classified as “Aggravated Fleeing and Eluding” as a second-degree felony. This offense carries with it a minimum mandatory prison sentence of three (3) years.
• Leaving the Scene of a Crash and then fleeing from law enforcement and, as a result, causing death or serious bodily injury to another person is also classified as “Aggravated Fleeing and Eluding” as a first-degree felony. This offense also carries with it a minimum mandatory prison sentence of three (3) years.

Possible Defenses and Solutions

Although a simple charge of Fleeing and Eluding is serious, there are certain factors that exist in some cases that cause the penalties to be even more severe. The lawyers in our office take a team approach to defending fleeing and eluding cases. Although every case presents its own unique sets of facts and circumstances, below are a list of some possible defenses that may be utilized by our highly experienced fleeing and eluding defense attorneys in an effort to secure the most favorable and lenient outcome in your case. 

• Early involvement with the prosecutor in an effort to encourage the State not to file the charge, or to file less serious charges 
• Early involvement with the prosecutor in an effort to encourage the State to not file the charge, or to file less serious charges
• Plea negotiations in an effort to secure an amendment in charge from Fleeing and Eluding to “Obstruction”
• Legal challenge to “Identity.” In other words, can the State prove that our client was the driver?
• Legal challenge to the allegation of “willful” fleeing. We have defended cases where the alleged “fleeing” was the product of our client simply not seeing or hearing the officer attempting to make the traffic stop. Today’s automobiles are much more soundproof than the vehicles of yester-year.

Related Links:

• “Move Over” Tickets
• Misdemeanor Driving While License Suspended
• Felony Driving While License Suspended
• Driving Under the Influence
• Your Florida Driver’s License Status