Fort Lauderdale Criminal Defense Attorney - Fleeing and EludingFLEEING AND ELUDING

Fort Lauderdale Attorney Kenneth Padowitz Has Successfully Defended Fleeing and Eluding and Other Felony Charges throughout South Florida

A charge of Fleeing and Eluding is a serious charge with serious ramifications. Depending on the specific facts that have been alleged, the crime can be a third, second or first Degree Felony. The punishment can range from a maximum of five years to 30 years in Prison. Withholding Adjudication is not allowed under this statute, which means if you plead guilty you will become a convicted felon.

If you are charged with Fleeing and Alluding causing Death or Serious Bodily Injury to another, there is a minimum mandatory sentence of at least three years in Prison.

Failure to Stop May be Grounds to Arrest in and of Itself

The 4th District Court of Appeal found in Henderson v. State:

“…had appellant pulled over immediately after [the deputy]

activated his lights and siren, there would have been insufficient

evidence in the record to justify the stop. When appellant continued

driving, however, long after 4 the officers had activated their lights

and sirens, …[the deputy] did have a reasonable suspicion that a

crime had been or was being committed sufficient to warrant the stop.”

 

Florida Statute on Fleeing and Eluding

316.1935Fleeing or attempting to elude a law enforcement officer; aggravated fleeing or eluding.—

(1) 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, and a person who violates this subsection commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(2) Any person who willfully flees or attempts to elude a law enforcement officer in an authorized law enforcement patrol vehicle, with agency insignia and other jurisdictional markings prominently displayed on the vehicle, with siren and lights activated commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(3) Any person who willfully flees or attempts to elude a law enforcement officer in an authorized law enforcement patrol vehicle, with agency insignia and other jurisdictional markings prominently displayed on the vehicle, with siren and lights activated, and during the course of the fleeing or attempted eluding:

(a) Drives at high speed, or in any manner which demonstrates a wanton disregard for the safety of persons or property, commits a felony of the second degree, punishable as provided in s.775.082, s. 775.083, or s. 775.084.

(b) Drives at high speed, or in any manner which demonstrates a wanton disregard for the safety of persons or property, 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, commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. Notwithstanding any other provision of law, the court shall sentence any person convicted of committing the offense described in this paragraph to a mandatory minimum sentence of 3 years imprisonment.

(5) The court shall revoke, for a period not less than 1 year nor exceeding 5 years, the driver license of any operator of a motor vehicle convicted of a violation of subsection (1), subsection (2), subsection (3), or subsection (4).

(6) Notwithstanding s. 948.01, no court may suspend, defer, or withhold adjudication of guilt or imposition of sentence for any violation of this section.

Fort Lauderdale Criminal Defense Attorney

Broward Criminal Lawyer

Kenneth Padowitz provides a strategic criminal defense to those charged with Fleeing and Eluding. If you have been arrested or charged with Fleeing and Eluding, consult with an experienced and aggressive criminal defense trial lawyer. Fort Lauderdale criminal defense attorney Kenneth Padowitz has a proven track record of effective representation in countless cases and trials. A criminal record, even for an offense such as Fleeing and eluding, can have tremendous consequences on ones liberty, driving license and record. We are here to defend your record and your freedom. Every Florida criminal case is defensible. Kenneth Padowitz, P.A. handles both state and federal criminal cases throughout South Florida, including: Fort Lauderdale, Weston, Miami, Palm Beach, Boca Raton, Tamarac, and Parkland. Contact our attorney at Kenneth Padowitz, P.A. for a free consultation.

 

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