Meet 19 y/o Hector Fraire of Oklahoma. That’s him below…
On Saturday, November 12th, 2016 Hector was clocked by Oklahoma State Trooper Ryan Smith at 85 mph in a 70 zone while driving a 2011 Ford Mustang.
Trooper Smith was conducting stationary radar on the Kilpatrick Turnpike at that time but he decided to stop the speeding Mustang.
Hector, however, had a different idea, as described by Trooper Smith: “The Mustang quickly accelerated and Trooper Smith checked the speed at 176 mph and an additional time at 208 mph.”
(No, that is not an actual picture from Trooper Smith’s car it is merely a demonstrative tool.) In a very real (and really bad move though), and adding insult to injury, once the State Patrol vehicle set off in pursuit 19 y/o Hector turned off his lights (head and tail) and reportedly attempted to elude Trooper Smith.
But, brazen as he is, apparently Hector has some respect for traffic law, because he actually stopped at a red light, during which time Trooper Smith was able to get right on his tail, and at that time Hector reportedly “dropped his keys out of the drivers window”, facilitating his arrest for reckless driving and felony fleeing and eluding.
Memo to the Folks: I can’t speak to OK but in FL Fleeing to Elude a Law Enforcement Officer (or, “Fleeing & Eluding” or “F&E”) occurs where you: 1) Drive a vehicle in Florida; 2) And after a Law Enforcement Officer orders you to stop or remain stopped you… 3) Knowing that an order to stop had been given by a Law Enforcement Officer, either A) Willfully (i.e. intentionally, knowingly, and purposely) refuse or fail to stop the vehicle; or B) After stopping the vehicle you willfully flee in an attempt to elude the officer. In FL Fleeing to Elude is a 3rd Degree Felony which is punishable by up to 5 years in state prison and a $5,000 fine. F&E carries a mandatory 1 year driver license suspension (which the Judge can bump up to as many as 5 years) & it also carries a mandatory adjudication of guilt, meaning that if you are found guilty then you will have a permanent felony conviction on your record. The bottom line is that if a cop wants to pull you over then you should pull over, and stay pulled over. If you have any questions about the law enforcement officer or her authority to stop you then feel free to dial 911. Please watch HaberPA’s VideoFAQ / YouTube Webisode on “What is Fleeing to Elude a Law Enforcement Officer?” by clicking below…
Memo to the Folks continued: In FL if you Flee & Elude while a law enforcement officer has his lights and siren activated then, although you technically face the same penalties as a plain Jane F&E, you will score higher in the criminal punishment code, and both the prosecutor and the Judge are likely to be less sympathetic to you at the time of sentencing. And if you take the extra step of Fleeing & Eluding a Law Enforcement Officer with Lights and Siren Activated at a High Speed or while Driving Recklessly then you’ll face a 2nd Degree Felony which is punishable by up to 15 years in state prison and a $10,000 fine. You will also face a minimum mandatory 1 year driver license suspension (which the Judge can bump up to as many as 5 years) & it a mandatory adjudication of guilt, meaning that if you are found guilty then you will have a permanent felony conviction on your record. Regardless of the enhancements, F&E requires that you: 1) Drive a vehicle in Florida; 2) And after a Law Enforcement Officer orders you to stop or remain stopped you… 3) Knowing that an order to stop had been given by a Law Enforcement Officer, either A) Willfully (i.e. intentionally, knowingly, and purposely) refuse or fail to stop the vehicle; or B) After stopping the vehicle you willfully flee in an attempt to elude the officer. Again, the bottom line is that if a cop wants to pull you over then you should pull over, and stay pulled over. Please watch HaberPA’s VideoFAQ / YouTube Webisode on “Can Fleeing to Elude be Enhanced from a 3 degree felony?” by clicking below…
Michael A. Haber, P.A. has provided personalized and boutique legal services to both individuals and entities, primarily in the South Florida area, since 1991. With no history of professional discipline whatsoever, Michael A. Haber, Esq. zealously advocates his client’s interests and custom tailors his services to meet each client’s particular situation, needs and desires.
Whether in State or Federal Courts, Michael A. Haber, P.A. strives to ensure that his client’s rights are respected and that his clients receive top-tier legal representation and counsel.
Toward that end Michael A. Haber, Esq. makes himself directly available to his clients whether in person, over the phone (305-381-8686 – 305-798-2220), by e-mail ([email protected]) on Facebook ( http://www.facebook.com/haberpa ) or on AOL/IM (Sharky910).
At Michael A. Haber, P.A. “Its all about reasonable doubt”!
Michael A. Haber, Esq. is prepared to speak with you about your case!
Cell: 305-798-2220; Office: 305-381-8686; Toll Free: 1-888-SHARK-8-1
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THIS BLOG POST (AS ARE ALL OF HABERPA BLOG POSTS) IS A PUBLIC SERVICE ANNOUNCEMENT WHICH IS PRIMARILY DESIGNED, BY WAY OF REAL WORLD EXAMPLE, TO ASSIST THE GENERAL PUBLIC IN AVOIDING CONDUCT WHICH COULD FORESEEABLY RESULT IN ARREST AND PROSECUTION!
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Top notch, very skilled, and highly attentive. Mr. Haber is a fantastic criminal defense attorney. 
- Thanks again. You are second to none when it comes to defending your clients. For that, I thank you
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