Can Fleeing to Elude be Enhanced from a 3 degree felony?
Yes. 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.
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 2 Degree Felony which is nd 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.
The bottom line is that if a cop wants to pull you over then you should pull over, and stay pulled over.
At Michael A. Haber, PA “it’s all about reasonable doubt”!
Please note that no attorney-client relationship with either Michael A. Haber, PA or Michael A. Haber, Esq. exists as a result of your watching this Webisode series. Further any and all information which is both contained in and may be construed from this Webisode series is generic in nature and should only be considered as informational and not as actual legal advise in any specific case. Should you wish to seek actual legal advise then please feel free to contact Michael A. Haber, Esq. as follows:
Office Phone: 305-381-8686
Toll Free Phone: 1-888-SHARK-8-1
Cellular Phone / Text: 305-798-2220
E-Mail: [email protected] / [email protected]
Miami Criminal Lawyer Attorney Miami Criminal Lawyer Attorney Miami Criminal Lawyer Attorney Miami Criminal Lawyer Attorney Miami Criminal Lawyer Attorney Miami Criminal Lawyer Attorney Miami Criminal Lawyer Attorney Miami Criminal Lawyer Attorney