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Is Statute 316.1935(1) Flee/Elude a felony in Sarasota FL.

Sarasota, FL |
Attorney answers 4


Yes, a violation of § 316.1935(1), Florida Statutes, is a felony of the third degree punishable by up to five years in prison.


It is a felony everywhere in Florida.


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.
Fla Stat 775.082 says 3d degree felony is punishable by up to 5 years imprisonment.
Fla Stat 775.083 permits up to $5,000 fine
Fla Stat 775.084 adds penalties for habitual and violent offenders.
I just recently negotiated a plea for probation only and withholds of adjudication on possession of oxycodone, fleeing/eluding, possession of drug paraphernalia, and the underlying ticket offense which was the pretext for the stop in Broward. Your prior record will be considered in what the state is willing to offer, assuming that you would take a plea at all.
Dennis Phillips, Esq.


Yes. That is my exact answer.

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