Clearwater Aggravated Fleeing to Elude Lawyer – Florida Fleeing/Eluding Changes 2025

According to Florida Statute 316.1935, it is illegal in the State of Florida to flee to elude a law enforcement officer. It is considered to be a very serious criminal offense, and, if convicted, you could face felony charges. Things get even more serious if you flee to elude a law enforcement officer in a dangerous manner. If your disregard for the safety of others results in damage to property or the serious bodily injury or death to another person, you could be charged for “aggravated fleeing to elude.”

Felony charges are extremely serious, and you will face the consequences of these charges long after your fine has been paid, and your sentence has been served. You will never be able to have them expunged or sealed. Therefore, they will always show on your criminal record.

Our Clearwater criminal defense lawyers has 75 years of combined experience, and, as a team, we will put forward a comprehensive defense against the crime that you have been accused of. For more information, contact us today at (941) 444-4444 for a free consultation; we serve clients in Clearwater and the rest of Florida.

Clearwater Aggravated Fleeing to Elude Lawyer: Florida Law Update – October 2025

House Bill 113 (HB 113) took effect on October 1, 2025, bringing major changes to Florida’s aggravated fleeing and eluding statute (§ 316.1935). The new law strengthens penalties and adds clearer statewide pursuit standards that directly affect cases in Pinellas County.

Key Updates Under HB 113

• Harsher penalties: Aggravated fleeing and eluding now carries longer prison terms and higher fines, with mandatory minimum sentences in cases causing injury or property damage.
• New aggravating factors: Fleeing in construction or school zones or endangering pedestrians now triggers enhanced sentencing levels.
• Verified police pursuits: Officers must operate properly marked vehicles with activated lights and sirens, and must comply with law enforcement agency departmental pursuit protocols.
• Defense opportunities: Improper pursuit procedures or failure to meet identification standards can form part of a valid defense strategy.

When describing the requirements for patrol vehicles, such vehicle must have proper markings, activated lights, and sirens to meet the statute’s standards.

If your arrest occurred after October 1, 2025, these updated provisions apply to your case. To learn more about HB 113 and related statewide traffic-crime reforms, visit our 2025 Florida Law Changes Hub.

Last updated October 2025 – Florida Fleeing & Eluding Law (HB 113)

What Does Florida’s Fleeing to Elude Statute Say?

According to Florida Statute 316.1935, it is illegal in the State of Florida to attempt to flee to elude a law enforcement officer. Attempted eluding is also a criminal offense under the statute, involving fleeing from law enforcement while knowingly trying to evade police vehicles displaying official insignia and using sirens and lights, often resulting in serious injury or death. A prosecutor must establish the following elements for a conviction:

• The defendant was in control of a motor vehicle on a street or highway in the State of Florida.
• The defendant stopped the motor vehicle but proceeded to willfully flee from the law enforcement officer willfully.
• The defendant refused to stop or willfully refuses to do so, thus failing to submit to the orders given by the law enforcement officer, and lacked knowing compliance with the order to stop.
• The defendant willfully fled on foot or in their vehicle to elude the law enforcement officer after being ordered to stop.

In order to be charged with the more serious offense of aggravated fleeing to elude by a law enforcement officer in the State of Florida, the prosecutor must establish that:

• During the attempt of fleeing or eluding a law enforcement officer, the driver drove at a very high speed, in such a way that it would have put other people or property at risk of serious bodily injury or death.
• During the attempt of fleeing to elude a law enforcement officer, you caused damage to property, serious bodily injury, or death to another person.

The statute stipulates that for a law enforcement officer in Florida to have the authority to request a driver to stop their vehicle, such officer should:

• Be in an official patrol vehicle with all of the required jurisdictional markings clearly displayed, including their agency insignia.
• Have their sirens activated.
• Be wearing an official police uniform.

Elements of the Crime: What Must Be Proven?

To secure a conviction for fleeing to elude a law enforcement officer in Florida, the prosecution must prove several specific elements beyond a reasonable doubt. First, it must be established that the defendant was operating a motor vehicle and willfully refused or failed to stop after being lawfully ordered to do so by a duly authorized law enforcement officer. The officer must be in an authorized patrol vehicle, with agency insignia and jurisdictional markings prominently displayed, and must have both lights and siren activated at the time of the attempted stop.

The prosecution must also demonstrate that the defendant’s actions were intentional and done with wanton disregard for the safety of others. This means the driver knowingly chose to elude a law enforcement officer, rather than stopping as required by law. If the incident escalates and the defendant’s actions result in serious bodily injury or death to another person, the charge is elevated to aggravated fleeing to elude—a much more severe criminal offense. In these cases, the prosecution must show a direct link between the defendant’s willful refusal to stop and the resulting bodily injury or death, making it a separate and more serious offense under Florida law.

Understanding these elements is crucial, as any failure by the prosecution to prove each requirement can be the basis for a strong defense. If you are facing charges of fleeing to elude or aggravated fleeing to elude, it is essential to consult with a qualified criminal defense attorney who can evaluate whether all statutory elements have been met in your case.

Duty of Care in the State of Florida

Duty of care is a legal term that holds a lot of weight in all Florida personal injury cases. Simply put, all Floridians must show reasonable care to others. They have a legal duty to act logically or rationally when faced with a situation that could lead to personal injury. A Florida court leaves little room for ignorance and expects that all persons should act as “any reasonable person would do under similar circumstances.”

When it comes to aggravated fleeing to elude cases, the prosecutor will argue that the defendant did not act with reasonable care and showed a wanton and complete disregard for the safety of others. By driving recklessly, an individual puts others in harm’s way despite the foreseeable risk. In the case of leaving the scene of an accident whilst attempting to flee, the defendant will be accused of failing in their duty of care by not stopping to help.

A qualified criminal defense lawyer can explain all of the charges associated with your arrest and explore all of your legal options.

The Penalties Associated With Aggravated Fleeing to Elude in the State of Florida

Any person convicted of this traffic offense, without the added charges of aggravated fleeing to elude, will face third-degree felony charges, and at minimum, a driver would face up to five years in prison and a fine of up to $5,000. However, if whilst attempting to flee from an officer you were driving at high speed or driving recklessly, this would be increased to a second-degree felony (a level four offense). Penalties for a second-degree felony charge would include:

• Up to fifteen years in prison.
• Up to fifteen years of probation.
• A fine of up to $10,000.
• Minimum license suspension of one year.
• Maximum license suspension of five years.
• An adjudication of guilt, which will stay on your criminal record.

A conviction for any of these offenses will result in you becoming a convicted felon, which can have long-term impacts on employment, housing, and other life opportunities.

If your reckless actions whilst attempting to flee from law enforcement resulted in serious bodily injury or death of another person, your charges would increase to a first-degree felony (a level seven offense). Penalties for a first-degree felony charge would include:

• A three-year mandatory minimum sentence in prison.
• Up to thirty years in prison.
• Up to thirty years of probation.
• A fine of up to $10,000.
• Minimum license suspension of one year.
• Maximum license suspension of five years.
• An adjudication of guilt which will stay on your criminal record.

If you are successfully convicted of this offense, you will not be eligible for early discretionary release and must serve the full mandatory prison sentence. In some cases, the court may withhold adjudication, which means you may avoid a formal conviction and this can affect your eligibility for record sealing or expungement. A qualified criminal defense attorney would be able to give you a more specific picture of the penalties that you may be facing and what options you have, which is why their support is so valuable. Contact us today for a free consultation.

Leaving the Scene of an Accident in Florida

If you caused an accident whilst attempting to flee to elude law enforcement and did not stop to speak to any attending officers or offer any assistance, you could be charged with leaving the scene of an accident. Additionally, leaving the scene after committing aggravated fleeing can result in further criminal charges with severe penalties. According to Florida Statute 316.062, all drivers in Florida have a duty to remain at the scene of an accident, give information, and render aid. Failure to do so would result in charges of a first-degree felony. A driver’s duties with regards to stopping at the scene of an accident include:

• Stopping at the scene of an accident they have been involved in, or as close to it as possible.
• Giving their full name and address as well as license information to any attending law enforcement officers and any victims.
• Rendering aid to any person who has been injured during the crash or offering any reasonable assistance, such as calling 911.
• Reporting the accident to the police.

If the accident results in serious bodily injury or death, these may constitute separate offenses, each carrying its own set of legal consequences and penalties.

A qualified lawyer can fight these charges with the right defense. You will not be able to face these serious charges alone. Contact The Law Place today for free legal advice.

Investigation and Prosecution: How Fleeing Cases Are Built

When law enforcement agencies investigate fleeing and eluding cases, they rely on a combination of detailed police reports, dash cam and body cam footage, and eyewitness accounts to build their case. The initial report from the law enforcement officer involved typically outlines the sequence of events, including the activation of lights and sirens, the officer’s identification as a duly authorized law enforcement officer, and the defendant’s response—or lack thereof—to such order.

Prosecutors often supplement these reports with physical evidence, such as forensic analysis of the defendant’s vehicle, GPS data, and any property damage or injuries resulting from the incident. Expert testimony may be used to establish reckless driving patterns, high speed, or the extent of serious bodily injury. Witness statements from bystanders or other officers can further corroborate the events as described by law enforcement.

A strong defense requires a qualified criminal defense attorney who can thoroughly review all evidence, identify inconsistencies, and challenge the prosecution’s narrative. This may involve questioning the accuracy of speed estimates, the clarity of agency insignia or jurisdictional markings, or whether the officer’s pursuit complied with departmental policy. By leveraging their experience and legal knowledge, a skilled criminal defense attorney can build a robust defense strategy—whether that means negotiating for reduced charges, seeking dismissal, or taking the case to trial. If you are facing felony charges for fleeing or eluding law enforcement, having the right legal counsel is essential to protect your rights and achieve the best possible outcome.

The Legal Defenses Available to You in an Aggravated Fleeing to Elude Case

If you have found yourself facing charges as serious as aggravated fleeing to elude, the felony charges you are facing, even third-degree felony charges, could impact your life forever. Therefore, an adequate legal defense is essential. The right criminal defense attorney will pursue lesser charges or seek to have your charges dropped altogether. To achieve this, they will look at all the facts surrounding your stop and eventual arrest. For example, they would look to see if:

• The stop was plainly communicated to you by the law enforcement officer.
• You did not have an intent to flee.
• You were not aware that you caused any property damage or the serious bodily injury of another person.
• You were not aware that there was an active order for you to stop your vehicle.
• There were certain circumstances that meant that you were unable to stop.
• You were not aware that it was a law enforcement officer who had asked you to stop as the patrol vehicle was not clearly marked.
• The law enforcement officer was not using their lights and sirens at the time you had been ordered to stop.
• You did not feel safe to pull over in a dark area at night, so you were driving to a safe place.

There are some lesser charges associated with this crime that an experienced lawyer may pursue on your behalf. For example, under certain circumstances, you could be charged with “disobedience to police or fire department officials.” Under Florida Statute 316.072.), this is a category two offense and classed as a second-degree misdemeanor rather than a more serious and damaging felony charge.

If you are facing charges of aggravated fleeing or eluding, the stakes are high. Therefore, you will need the help of the best legal defense team with knowledge of all the options available to you. It is especially important to hire a defense team experienced in handling eluding charges to protect your rights and work toward reducing or dismissing the charges. The Law Place can help.

License Suspension Following an Aggravated Fleeing to Elude Conviction

License suspension is often what most drivers fear the most following a traffic offense arrest. The ability to drive is essential for many residents, and losing this ability can make life very difficult. Unfortunately, those convicted of even a third-degree felony offense cannot apply for a hardship license. The only way to retain your license is to have your charges dismissed.

With the help of the right attorney, you may be able to avoid a felony charge. In this case, you can file an application with the Bureau of Administrative Review (BAR) for a hardship license and request a hearing. If you are lucky enough to be approved, your hardship license will enable you to drive for essential purposes, such as commuting to work. However, you will need the help of the right attorney to successfully fight your charges on your behalf.

When to Hire an Attorney in Florida

If you have been arrested for fleeing or eluding a law enforcement officer, you should seek the support of a reputable law firm immediately. Individuals in St. Petersburg should consider consulting a Petersburg criminal defense lawyer for these cases, as their expertise is crucial in navigating the complexities of such charges. If you have the right lawyer on your side from the very beginning, you can increase the likelihood of achieving a positive outcome.

The aim of law enforcement is to encourage you to plead guilty before going to court. Therefore, they will use their skills to convince you that all the evidence is against you. However, there will be many options available to you, and a lawyer can support you in making the right decisions. So, don’t hesitate, get in touch with The Law Place today.

Why You Should Choose The Law Place

At The Law Place, we know how stressful charges of aggravated fleeing to elude can be, especially when there has been an accident that has resulted in serious bodily injury or death.

Our law firm will investigate your case from every angle. We will send out our own investigation team to the accident scene and gather police and witness reports to ensure that all of the facts in your case are clear. We will commit to your case and put together an aggressive and comprehensive defense strategy to put forward in court.

Our esteemed law firm has decades of combined experience in cases like yours, and our attorneys are continuously working to improve their skills knowledge so that our clients get the very best legal support. Many of the attorneys at our practice are AVVO 10.0 rated, which is the highest possible rating on the site. This is based on awards, trial skills, length of practice, associations, and trusted client reviews.

Clearwater Aggravated Fleeing to Elude Lawyer

Meet the Team

David Haenel leads our Clearwater criminal-defense practice and spent years as a state prosecutor handling high-speed-pursuit trials. Darren Finebloom focuses on dash-cam forensics and cross-examines traffic-unit officers on pursuit policy. AnneMarie Rizzo files suppression motions that attack faulty siren or light activation, while paralegals Rose and Tracy track discovery deadlines and text daily updates so every client knows the next step.

Reviews & Testimonials

“Charged with aggravated fleeing, I expected prison. David spotted patrol-car video gaps and got the case reduced to reckless driving.”
“I was terrified after a helicopter chase. Darren explained everything, kept me calm, and the jury returned not guilty.”
“They treated me with respect from day one and never stopped fighting until my licenseand my freedom, were secure.”

Case Studies

Dash-Cam Discrepancy on US 19
Police claimed lights and sirens were active during a two-mile pursuit. Darren obtained rear-facing dash-cam video showing the light bar off for sixty seconds. The judge suppressed the stop signal element, and prosecutors amended the charge to misdemeanor eluding fleeing with probation.

Misidentified Driver near Courtney Campbell Causeway
A high speed chase involving a motorcycle fleeing a traffic unit resulted in body-cam video capturing only a partial tag. AnneMarie hired an image-enhancement expert who proved the tag belonged to a different bike model. State dropped all charges, and the client avoided felony booking.

Helicopter Speed Estimate in Largo
A patrol helicopter estimated a vehicle at 120 mph. We introduced radar-calibration logs showing faulty speed-overlay software. The court struck the aggravated-speed enhancement, and the client received a withhold of adjudication plus community service.

Comprehensive FAQ

What is aggravated fleeing to elude under Florida law?

Florida Statute 316.1935(3)(a) defines aggravated fleeing when a driver, knowing a patrol vehicle is using lights and siren, willfully flees and drives at high speed or recklessly, endangering others. The crime upgrades fleeing to a second-degree felony carrying harsh prison exposure.

How does it differ from simple fleeing to elude?

Simple fleeing requires only the failure to stop after officers activate lights and siren. Aggravated fleeing adds proof of high speed or reckless maneuvers—such as weaving, red-light runs, or sidewalk driving—that place people or property at risk. This enhancement significantly raises penalties.

What penalties can a first-time offender face?

Aggravated fleeing is a second-degree felony punishable by up to fifteen years in state prison, fifteen years of probation, and a $10,000 fine. Judges must impose a minimum three-year driver-license revocation. The offense scores mandatory prison under Florida’s sentencing guidelines unless downward departure grounds exist.

Does the statute include mandatory minimum jail?

No fixed jail term is mandatory, but guideline scores often require prison unless the court finds mitigation such as youthful offender status, mental health issues, or the “principled override” called a downward departure. Securing this relief demands strong factual support.

How long will my license be revoked?

Conviction triggers a mandatory driver-license revocation of at least three years. The clock starts after release from jail or prison. Hardship licenses become available only after proving enrollment in DUI school or advanced driver-improvement courses and meeting strict financial-responsibility requirements.

Can the charge be reduced or dismissed?

Yes. Reductions occur when video shows patrol lights or siren were not activated, the driver lacked intent to flee, or speed data proves normal traffic pace. Dismissal can follow a successful motion to suppress based on illegal stop, faulty helicopter speed overlay, or misidentification of the vehicle.

What defenses are common?

Frequent defenses include: lights or siren not clearly visible, mistaken identity of the driver, mechanical failure preventing immediate stop, officer pursuit policy violations, inaccurate GPS or helicopter speed overlays, and emergency necessity—such as rushing to a hospital—that negates willful intent.

How critical is dash-cam or body-cam footage?

Video evidence often decides these cases. Dash-cam shows whether emergency equipment was active, lane usage, pedestrian proximity, and actual speed. Lawyers file immediate preservation requests because agencies overwrite footage in as little as thirty days.,

What if officers violated pursuit policy?

Many agencies forbid high-speed pursuit for minor traffic offenses. Policies do not create automatic dismissal, but juries view policy breaches skeptically, and judges may suppress evidence obtained through dangerous noncompliant pursuits. Showing policy violations improves negotiation leverage for reductions.

Will a conviction affect insurance and employment?

Auto carriers typically cancel policies or triple premiums after aggravated fleeing convictions. Employers that require driving privileges or background clearance may terminate employment. Avoiding a felony conviction protects both insurance rates and job prospects.

How soon should I hire an attorney?

Immediately. Early counsel secures patrol-car downloads, dispatch radio logs, GPS data, and eyewitness statements before they disappear. Timely investigation often reveals light-bar malfunctions or speed-overlay errors that weaken the State’s case.

Can I get bond after arrest?

Yes. Aggravated fleeing usually carries a standard bond between $5,000 and $15,000 in Pinellas County. A lawyer can request a lower bond at first appearance by presenting community ties, employment records, and lack of prior violent felonies.

What happens to my car if it was used in the offense?

Police may impound the vehicle and start civil forfeiture. Prompt filing of a demand for adversarial preliminary hearing forces prosecutors to justify seizure. Many cases end with the owner reclaiming the car after showing it was not purchased with criminal proceeds

Contact The Law Place in Florida Today

Hiring a reliable and trustworthy defense team from The Law Place following an arrest for aggravated fleeing to elude could mean the difference between a first-degree felony conviction (with a lengthy prison sentence) and having your charges reduced to a lesser offense or even dropped altogether. You could save your money, your license, and your freedom.

If you are facing serious criminal charges for fleeing or eluding in Florida, The Law Place can help. Our phone lines are open 24 hours a day, 7 days a week, so don’t waste any time in starting the process. One of our criminal defense lawyers is ready to take on your case.

Call us today at (941) 444-4444 for a free consultation.