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What constitutes Fleeing and Eluding in Florida?

Longwood, FL |

I turned off a main hiway toward my residence 1/4 mile distance from the hiway. I was on a narrow unlit road. I proceeded to my home and stopped. The LO charged fleeing and eluding.

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Attorney answers 2


Police charge many things that the the State later finds is not unsupported by the evidence. There is the right of a driver to pull over as soon as possible but only in a place that is safe. A woman can have more legitimate fears than man in some cases, and the time of the encounter, lighting and traffic are other considerations.

This charge is very fact specific. How long were you on the highway after being noticed to pull over, for example? At what speed did you make that distance to your home? Was the route direct and obvious or meandering and random?

Speak to a lawyer if they formally charge, and prepare to make your case.


Fleeing and Eluding is governed under Florida Statute 316.1935. It is a third degree felony, punishable by up to five years in prison. The statue says:
It is unlawful for the operator of any vehicle, having knowledge that he 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.
To answer your question, I would need more information. Did the Officer have lights AND sirens going, one of them, or none? Did the officer follow you the whole 1/4 of a mile? Were you aware that the Officer was ordering you to stop? Please add more details and we will try to answer your question more clearly... Thank you

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