According to Florida Statute 316.1935, fleeing to elude in Bradenton, Florida, means that a person failed to stop or pull over their vehicle after being ordered to do so by law enforcement.
You might be mistaken into thinking that the offense of fleeing to elude involves a high-speed car chase with the accused weaving in and out of traffic. This is not the case. Every day, people could face felony charges simply because a police officer’s call to “stop” was unclear. This means that even if a person was driving at normal or even low speeds, they could still face charges for the offense of fleeing to elude.
With the penalties of felony charges being so harsh, seeking strong legal representation can be vital in maintaining your future, freedom, and your right to a fair trial. At The Law Place, our Bradenton criminal defense lawyers treat every case with the same level of care and dedication. We know that no matter the charges you might be facing, you fight for a fair outcome at the end of your case.
If you are facing charges for fleeing to elude in Bradenton, Florida, then contact us now for a free consultation at (941) 444-4444.
⚖️ Florida Law Update – October 2025
House Bill 113 (HB 113) has introduced major updates to Florida Statute § 316.1935, which covers fleeing or attempting to elude law enforcement.
These changes increase penalties and establish new statewide pursuit standards that affect every case filed after October 1, 2025.
Key Updates Under HB 113
- Higher penalties: Basic fleeing and eluding is now a third-degree felony with greater sentencing exposure.
- Aggravating factors: Reckless driving, injury, or property damage during a pursuit can raise the charge to a second-degree felony.
- Pursuit rules: Officers must follow documented pursuit procedures, including visible vehicle markings and activated lights and sirens, before a stop is legally valid.
- Defense implications: Any violation of the new pursuit protocol can now be used to challenge the prosecution’s evidence.
If you were stopped or charged in Bradenton or Manatee County after these changes took effect, your case will be prosecuted under the revised HB 113 standards.
For more information, visit our 2025 Florida Law Changes Hub to see how these updates could affect your defense.
Last updated October 2025 – Florida Fleeing & Eluding Law (HB 113)
Bradenton Fleeing to Elude Lawyer: How Is Fleeing to Elude Defined in Florida?
If you are behind the wheel of a motor vehicle on a street or highway and one of the circumstances listed below occurred, then you have committed the crime of fleeing to elude, which is a Florida fleeing offense governed by specific traffic laws:
- The driver of the vehicle willfully failed or refused to stop or pullover after being ordered to do so by law enforcement.
- The driver willfully flees in their vehicle or on foot from a pursuing law enforcement officer.
- The driver initially stopped their vehicle but then wilfully drove away at high speed from law enforcement.
Florida Statute §316.1935 is the law that specifically governs fleeing to elude in Florida, outlining the legal elements and penalties for this offense.
If any of the above circumstances have occurred, then the defendant will be facing a third-degree felony charge. Florida’s traffic laws impose strict penalties for fleeing to elude. If convicted, then you will face a mandatory 5-year suspension of your driver’s license and up to 5 years in prison.
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What Are the Charges for Fleeing to Elude in Bradenton, Florida?
The most lenient charge you might face for fleeing to elude is a third-degree felony criminal charge, which itself comes with very harsh penalties. Fleeing and eluding is a specific criminal charge under Florida law, and is considered a serious traffic crime that can be prosecuted alongside other related crimes. There are other circumstances surrounding the offense of fleeing to elude that can raise the levels of charges you will face, resulting in far more severe penalties.
Listed below are all the possible fleeing charges you might face for fleeing to elude in Bradenton, Florida, and the circumstances surrounding them. These fleeing charges are prosecuted under Florida law, and the severity depends on the specific facts of the case.
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Third-Degree Felony Charge
If successfully convicted for this charge in Bradenton, Florida, you will face the following penalties.
- A mandatory 5-year suspension of your driver’s license.
- A $5,000 fine
- Up to 5 years in prison.
- After your prison time is served, you will be placed under a 5 year period of probation.
For certain lesser offenses related to this charge, such as operating a vehicle without a valid driver’s license, you may be charged with a second degree misdemeanor. In these cases, a person may serve time in county jail rather than state prison.
A stated in earlier sections of this article, you will face this charge if the basic circumstances of fleeing to elude have taken place.
From the initial call to updates on your case status, we are here to get you answers.
Second-Degree Felony
If successfully convicted of a second-degree felony charge in Bradenton, Florida, you will face the following penalties under Florida laws. Second-degree felony fleeing to elude is considered one of the most serious traffic crimes prosecuted in the state. The state attorney is responsible for prosecuting these cases and seeking appropriate penalties.
- A mandatory 5-year suspension of your driver’s license.
- A $10,000 fine.
- Up to 15 years in prison.
- After your prison time is served, you will be placed under a 15-year period of probation.
You will face these penalties if the basic circumstances of fleeing to elude have taken place and:
- You have been deemed to be displaying a blatant disregard for public safety or reckless driving.
- You are driving away from a clearly marked police vehicle with its lights and sirens activated.
First-Degree Felony
If successfully convicted of a first-degree felony charge in Bradenton, Florida, you will face the following penalties.
- A mandatory 5-year suspension of your driver’s license.
- A $10,000 fine.
- Up to 30 years in prison.
- After your prison time is served, you will be placed under a 30-year period of probation.
- Vehicle forfeiture is also a possible consequence if the vehicle was used in the commission of the offense.
You will face these penalties if the basic circumstances of fleeing to elude have taken place and:
- You are engaged in the act of reckless driving.
- Another driver suffers a serious bodily injury, or a member of the public suffers serious bodily injury.
- If fleeing results in serious injury or death, including death, the penalties are even more severe, and the charge may be elevated to a first-degree felony with significant prison time.
It is also important to note that a felony charge will result in a criminal record along with the label of a convicted felon. This can cripple your ability to gain future employment, and a felony charge cannot be expunged from your record or sealed. Therefore, this information is freely available to any potential employer.
Defenses for the Charge of Fleeing to Elude?
If, after a free consultation, you choose to move forward with legal representation from The Law Place, your case will be reviewed by a team of criminal defense lawyers and attorneys with extensive experience in handling fleeing to elude cases and other complex criminal matters. After this, you will be assigned a highly skilled Florida criminal defense attorney.
Our defense attorneys and criminal defense attorneys work together to develop possible defenses tailored to each person’s unique circumstances. Your lawyer will thoroughly investigate all of the evidence surrounding your charges, clearly advise you on where you stand in the face of these charges, and work with you to build the strongest defense possible. It is crucial to preserve evidence, such as police footage and witness statements, as this can be vital in challenging the prosecution’s case. A skilled attorney can identify possible defenses and challenge the prosecution’s case effectively.
Some of the most common defenses that your attorney may pursue have been listed below. First time offenders may have additional options or considerations in their defense:
- Willfulness – Did you willfully elude law enforcement? For example, it may have been a misunderstanding on your part. It is also possible that you were forced by another party and could not stop. If these circumstances are true, then you can’t be held legally responsible.
- Intention – If you were too intoxicated to make the rational decision to stop at the time when law enforcement gave the order for you to stop, then you cannot be held legally responsible for the act of fleeing to elude. This is because you were impaired from making any rational decisions at the time of the alleged offense.
- Deficient evidence – Certain elements need to be proven to charge a suspect with the crime of fleeing to elude; if these elements cannot be proven with sufficient evidence, then you cannot be held legally responsible. For example, if a law enforcement officer is indistinguishable from a member of the public or if they are in an unmarked police vehicle.
Impact on Driving Record After a Fleeing to Elude Conviction
A conviction for fleeing to elude a law enforcement officer in Bradenton, Florida, can have a devastating impact on your driving record and your future. Under Florida law, even a first-time offense results in a mandatory suspension of your driver’s license, often lasting five years. This suspension is automatically reported to the Florida Department of Highway Safety and Motor Vehicles, making it nearly impossible to maintain a clean driving record.
Beyond the loss of driving privileges, a fleeing to elude conviction can cause your insurance premiums to skyrocket. Insurance companies view drivers convicted of fleeing to elude as high-risk, often resulting in hefty fines and dramatically increased rates that can last for years. In addition, you may face probation, significant jail time, and other long term consequences that can affect your employment and personal life.
Because the penalties are so severe, it is crucial to have a criminal defense attorney who will work diligently to protect your rights and minimize the impact on your driving record. An experienced attorney can challenge the prosecution’s case, negotiate for reduced charges, and help you avoid the harshest penalties associated with fleeing to elude a law enforcement officer. Taking swift action and seeking skilled legal defense is the best way to safeguard your future and your ability to drive.
Strategies for Building a Strong Fleeing to Elude Defense
When facing a fleeing to elude charge, the right defense strategy can make all the difference between a conviction and having your charges reduced or dismissed. A skilled criminal defense attorney will begin by thoroughly investigating the circumstances surrounding your case, carefully reviewing the prosecution’s evidence, including police officer reports, witness statements, and any available video footage.
One effective defense is to challenge the legality of the initial traffic stop. If the police officer lacked probable cause or failed to follow proper procedures, your attorney may be able to have key evidence excluded. Another common defense is to argue that you did not intentionally flee; perhaps you were unaware that law enforcement was signaling you to stop, or you acted out of panic rather than wanton disregard for safety.
For more serious charges, such as aggravated fleeing to elude—a first degree felony punishable by up to 30 years in prison—your defense attorney may focus on demonstrating that the prosecution cannot prove you acted with wanton disregard for the safety of others. By highlighting weaknesses in the prosecution’s case and presenting alternative explanations for your actions, your attorney can raise reasonable doubt and protect your driving record from the serious consequences of a degree felony conviction.
Ultimately, the best defense is built on a detailed understanding of Florida law, the specific facts of your case, and the ability to challenge the prosecution at every turn. With an experienced criminal defense lawyer on your side, you can fight to keep your record clean and avoid the life-altering penalties that come with a fleeing to elude conviction.
Meet the Bradenton Fleeing to Elude Lawyer Team
David Haenel challenges traffic stops and officer procedures aggressively. Darren Finebloom is known for protecting clients against overcharging. AnneMarie Rizzo reassures clients with step-by-step explanations of the court process.
Client Reviews
- “David Haenel exposed errors in the police stop.” – B.C.
- “AnneMarie Rizzo gave me clarity and calm during my case.” – R.P.
- “Darren Finebloom fought for a reduced charge.” – J.H.
- “They didn’t judge me, they defended me.” – L.W.
- “The Law Place gave me back my future.” – E.K.
Local Resources in Bradenton
- Licensed Bail Bond Agents – Provide bail support after arrest.
- Centerstone Bradenton – Counseling and stress programs.
- Step Up Suncoast – Community resources for families.
- Manatee County Reentry Services – Reentry assistance after custody.
FAQs
What is fleeing to elude?
It means refusing to stop for Florida law enforcement when signaled, in violation of traffic laws. It can escalate quickly depending on the circumstances.
What penalties apply?
Basic fleeing is a third-degree felony with up to 5 years in prison. In some cases, related offenses may be charged as a first degree misdemeanor, which can result in county jail time. Aggravated forms can lead to longer prison terms and mandatory minimums.
Can charges be reduced?
Yes, with strong defense strategies, cases may be reduced to reckless driving or dismissed. Possible defenses may include challenging the evidence or procedures used by law enforcement. It is also important to preserve evidence, such as video footage or witness statements, to support your defense.
Why hire a lawyer?
Because prosecutors push for harsh penalties in fleeing cases, it is crucial to hire a skilled attorney who understands the complexities of these charges. Experienced attorneys can protect your rights, challenge the evidence, and work to achieve the best possible outcome. A defense lawyer protects your rights and fights for reduced consequences.
Call The Law Place Now
Facing felony charges can be extremely stressful, and the severity of the penalties cannot be understated. But it’s important to remember that you have the right to a fair trial and to expect a fair outcome at the end of your case. This is where The Law Place can help.
Every case matters to us, and we are dedicated to fighting for your rights and will aggressively push to have charges dropped or reduced. Facing felony charges alone can be extremely stressful and chaotic, but with our representation, you will give yourself the best chance at building a strong defense and ensuring that your freedom and future are secure.
At The Law Place, our phones are answered 24 hours a day, seven days a week, so someone will always be available to answer your call, day or night. So, if you are facing charges for the crime of fleeing to elude in Bradenton, Florida, then call us now.
Contact us now for a free consultation at (941) 444-4444.
