Fort Lauderdale, Broward County, and Miami Dade County police make several arrests per day, some of which end in the criminal suspect fleeing or attempting to flee from the police officer. It is unlawful to flee from a police officer once a police officer has pulled over your vehicle. It is also a criminal act to refuse to pull over if a police officer is signaling for you to pull over, either by his or her hand motion or by him or her following your vehicle with blue lights flashing. To prove the criminal offense of Fleeing to Elude a Law Enforcement Officer, the State Attorney must prove beyond a reasonable doubt that the criminal suspect was operating a motor vehicle upon a street or highway in Florida, that a duly authorized law enforcement officer ordered the defendant to stop or remain stopped, and that the criminal suspect knowing he or she had been directed 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 an attempt to elude the officer. Other elements of the criminal offense may be such that 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, or that during the course of the fleeing or attempting to flee, the criminal suspect drove at high speed or in any manner demonstrating a wanton disregard for the safety of persons or property. “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. “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. “Vehicle” means every device, in, upon, or by which any person or property is or may be transported or drawn upon a highway, excepting devices used exclusively upon stationary rails or tracks. “Willfully” means intentionally, knowingly, and purposely.
If you have fled from a law enforcement officer and have been arrested as a result, it would be advantageous to call a criminal defense attorney to discuss your rights as the defendant in the criminal case. Criminal Defense Attorney Kenneth P. Hassett of Hassett and Associates, P.A. is an experienced criminal defense lawyer who has been practicing since 1991 in Miami Dade County, Fort Lauderdale, and Broward County. Criminal lawyers can help defend you against the criminal charges of the state criminal attorney. Kenneth P. Hassett is a criminal lawyer who will fight to defend you in battling the criminal charges. Call for an immediate free consultation regarding your criminal charges 24 hours per day seven days per week.
1316.1935 Fleeing or attempting to elude a law enforcement officer; aggravated fleeing or eluding.
The information on this page does not represent legal advice. Florida Statues obtained from Online Sunshine, www.leg.state.fl.us, the official site of the Florida Legislature. Because the law is continually changing, some of the provisions contained herein may be out of date. It is always wise to seek counsel from an experienced criminal attorney like Kenneth Hassett.
If you have been charged as an Accessory After the Fact or a Principal in the First Degree to a criminal offense in Broward or Miami-Dade County, call Criminal Defense Attorney Kenneth P. Hassett.