Under Florida law, failing to stop for law enforcement isn’t a minor traffic offense—it’s a felony that can carry severe and lasting consequences.
Florida Statute § 316.1935 defines “fleeing or attempting to elude” as knowingly refusing to stop or attempting to escape after a law-enforcement officer signals a driver to pull over. What might feel like a moment of panic or confusion on the road can quickly become a life-altering criminal charge.
What the Law Says
According to Florida Statute § 316.1935, a driver commits the offense if they:
- Knowingly fail or refuse to stop when directed to by an authorized law-enforcement officer in a patrol vehicle with lights and siren activated, or
- Willfully flee after initially stopping, attempting to escape detention or arrest.
The seriousness of the charge increases depending on the circumstances:
- Basic fleeing and eluding is a third-degree felony, punishable by up to 5 years in prison and a mandatory driver’s-license revocation.
- Aggravated fleeing and eluding—such as when the driver speeds recklessly or causes injury or property damage—can rise to a second-degree felony.
- Fleeing that results in serious bodily injury or death is a first-degree felony, carrying up to 30 years in prison.
Why These Cases Are So Serious
Florida courts and prosecutors treat fleeing cases aggressively because they endanger the public and law enforcement. Even if no one is hurt, prosecutors often seek the maximum penalties to “send a message.”
For defendants, that means a single high-speed mistake can lead to years behind bars, a revoked license, and a permanent felony record that limits future employment, housing, and civil rights.
Possible Defenses
Every situation is different, and not every driver who fails to stop is guilty of willfully fleeing. Common defenses may include:
- Lack of intent: The driver didn’t realize the officer’s signal was directed at them.
- Emergency circumstances: A medical issue or unsafe location made it dangerous to stop immediately.
- Improper police procedure: The pursuing vehicle wasn’t properly marked or using lights and sirens as required by law.
- Mistaken identity: Someone else was operating the vehicle, or license-plate evidence was inaccurate.
An experienced defense attorney can evaluate the evidence—such as dash-cam footage, GPS data, and officer reports—to determine whether the state can prove each required element beyond a reasonable doubt.
How Rush & Frisco Law Can Help
At Rush & Frisco Law, our role is to protect the rights of the accused and ensure that every client receives fair treatment under the law. We have extensive trial experience handling felony cases across North Central Florida, including serious traffic-related felonies such as fleeing and eluding.
Our attorneys analyze every aspect of the case—from the initial stop to the arrest report—to identify weaknesses in the prosecution’s argument and build the strongest possible defense.