
Fleeing and eluding law enforcement is a criminal offense in Clearwater. Fleeing to elude is leaving the scene after causing an accident or refusing to pull over when ordered to do so by a law enforcement officer.
A typical misunderstanding of fleeing to elude is that it involves a high-speed car chase, but this is rarely the case. Even people driving at normal or low speeds can be charged with fleeing to elude simply for not pulling over, perhaps because the police officer’s call to “stop” wasn’t clear enough.
If you are charged with fleeing to elude in Clearwater, then you may be facing felony charges and severe penalties. Because of this, it’s important that you seek strong legal representation. Having a Clearwater-based criminal defense lawyer on your side can be vital in maintaining your future and freedom. At The Law Place, our Clearwater criminal defense attorneys have over 75 years of combined experience in dealing with the Florida legal system and cases just like yours, so you can trust that working with our lawyers will give you the best chance at a favorable outcome.
Our phone lines are open 24 hours a day, seven days a week, so contact us now to schedule a free consultation with a skilled criminal defense attorney. We will look over the details of your case and give advice on what your best options are. Call us at (941) 444-4444.
Clearwater Fleeing to Elude Lawyer – Florida Law Update – October 2025
As of October 1, 2025, House Bill 113 (HB 113) has changed how Florida Statute § 316.1935 handles fleeing or attempting to elude law enforcement. These updates apply to all new and pending cases in Pinellas County and throughout Florida.
Key Updates Under HB 113
- Felony level increase: Fleeing and eluding is now charged as a third-degree felony with higher sentencing exposure and enhanced fines.
- Aggravated elements expanded: Reckless driving, property damage, or endangering others can elevate the charge to a second-degree felony. Aggravated fleeing or eluding is classified as a second-degree felony punishable by up to 15 years in prison under Florida law.
- Pursuit standards introduced: Law enforcement must now follow verified pursuit protocols, including vehicle markings, active lights and sirens, and departmental authorization.
- Defense implications: Any pursuit that fails to meet HB 113 standards can be challenged to suppress or exclude evidence.
Drivers accused of fleeing in or around Clearwater after October 1, 2025 will face these updated penalties. You can read more about this law in our 2025 Florida Law Changes Hub.
Last updated October 2025 – Florida Fleeing & Eluding Law (HB 113)
Understanding Fleeing and Eluding in Florida
Fleeing and eluding a law enforcement officer is considered a serious criminal offense under Florida law, specifically addressed in Florida Statute Section 316.1935. When a driver willfully flees or attempts to elude a police officer, they not only risk their own safety but also endanger the lives of law enforcement and innocent bystanders. This offense is typically charged as a third degree felony, carrying severe penalties such as up to five years in prison, substantial fines, probation, and a lengthy license suspension.
The Florida fleeing and eluding statute is broad, covering a range of scenarios beyond just high speed chases. Even if a driver does not immediately comply with a police officer’s order to stop—regardless of their speed—they can face felony charges. The degree felony charged depends on the circumstances: aggravated fleeing to elude, which involves reckless driving or wanton disregard for the safety of others, can escalate the charge to a second or even first degree felony, resulting in enhanced penalties and longer prison sentences.
If you are facing felony charges for fleeing to elude in Clearwater, it is crucial to consult with an experienced criminal defense attorney as soon as possible. The Clearwater criminal defense lawyers at Hanlon Law have extensive experience defending clients against fleeing and eluding charges. They understand the complexities of Florida statute and will work diligently to build a strong defense tailored to your unique situation.
A conviction for fleeing and eluding can have life-altering consequences. In addition to the immediate penalties—such as license suspension, heavy fines, and incarceration—you may also face the long-term stigma of being a convicted felon. This can impact your employment opportunities, housing, and more. Understanding your legal options and the potential penalties is essential, and an experienced lawyer can help ensure your constitutional rights are protected throughout the process.
In certain circumstances, a skilled criminal defense lawyer may be able to negotiate a reduction of your charges to a second degree misdemeanor, such as reckless driving or disobedience to a police officer. Achieving this outcome requires a strong defense and in-depth knowledge of the law. The attorneys at Hanlon Law are recognized for their ability to secure favorable results for their clients, providing guidance and support every step of the way.
If you or a loved one has been charged with fleeing and eluding in Clearwater, Florida, do not wait to seek legal help. Contact Hanlon Law for a free and confidential consultation. Their experienced criminal defense attorneys will review your case, explain your legal options, and fight to protect your future. With the right legal team on your side, you can face these serious criminal charges with confidence and work toward the best possible outcome.
How is Fleeing to Elude Defined in Clearwater, Florida?
Under Florida Statute 316.1935, you are considered to have committed the crime of fleeing to elude if you are behind the wheel of a motor vehicle and one of the following circumstances occurs:
- You failed or refused to stop or pullover when a law enforcement officer issued you such order to do so.
- You chose to flee, either in your vehicle or on foot, from a pursuing police officer.
- You initially stopped your vehicle but then wilfully drove away from the law enforcement officer.
Clearwater fleeing charges carry specific legal consequences, including severe penalties and the need for experienced legal representation due to the nuances of local law.
The law applies to any operator of such vehicle who is aware of a lawful police instruction to stop.
If you were involved in any of the above situations, then you will be facing a third-degree felony charge at least. This is a serious offense, and so we strongly encourage you to get in touch with our law firm so that our Florida criminal defense attorneys can fight on your behalf for your freedom. Don’t put your future at risk; contact The Law Place today to book a free consultation.
We’re here to serve you. Our phones are open 24 hours a day.
What Is Aggravated Fleeing to Elude in Clearwater, Florida?
You may be charged with aggravated fleeing to elude a law enforcement officer if you drove recklessly or incited a high-speed pursuit with a complete disregard for the safety of others. This puts another person, or multiple people, in danger of serious bodily injury or even death. You could still face aggravated fleeing to elude charges even if your actions did not result in actual serious bodily injury or death. An aggravated fleeing to elude charge is a first or second-degree felony, which can bring incredibly severe penalties. A person convicted of aggravated fleeing or eluding that results in serious bodily injury or death is subject to a mandatory minimum sentence of three years in prison.
If you think you may be charged with aggravated fleeing to elude, either because you engaged in a high-speed chase with a wanton disregard for the safety of others, drove recklessly, or caused actual serious bodily injury, then you should think about securing representation by a skilled and well-equipped lawyer. If convicted, a second-degree felony conviction could have a serious and lasting impact on your life.
By working with The Law Place, you can be assured that our highly experienced attorneys will fight tirelessly to have your charges reduced, if not dismissed, and ensure that you face only the most lenient penalties. It is important to note that the court is generally not permitted to withhold adjudication for fleeing and eluding charges, which can significantly affect sentencing and your criminal record. Find out exactly how we can help and what to expect by calling The Law Place today.
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Is Fleeing to Elude a Felony in Clearwater, Florida?
It is classified as a felony offense to flee to elude a law enforcement officer, and being charged with this criminal charge highlights the legal seriousness of the offense. However, it completely depends upon the circumstances of your case as to whether you are charged with a third, second, or first-degree felony.
Third-degree offenses are the least severe, although still serious, with second and first-degree offenses resulting in more serious charges.
You may be charged with elude fleeing in the second degree if:
- You displayed a blatant disregard for public safety.
- You are driving away from a clearly marked police vehicle with its lights and sirens activated.
You may be charged with fleeing to elude in the first degree if:
- You committed an act of reckless driving.
- Another person suffered from serious bodily injury or death as a result of your actions.
In order to avoid the most severe penalties, it is crucial to get in touch with a qualified criminal defense attorney to give yourself the best chance at being charged with the most lenient penalties of a third-degree felony, if one at all.
Additionally, the statute requires mandatory revocation of driving privileges and other penalties for those convicted of fleeing to elude.
From the initial call to updates on your case status, we are here to get you answers.
What Are the Penalties for Fleeing to Elude in Clearwater, Florida?
Like with all crimes, the penalties that you face are completely dependent on the specific circumstances that surround your case. A big impact on the sentence you may receive is also whether you are charged with a first-degree, second-degree, or third-degree offense.
If you are successfully convicted of fleeing to elude in Clearwater, then you can expect to face the following harsh penalties:
- Third-degree felony charge – 5-year driver’s license suspension, $5,000 fine, up to 5 years in prison, and a 5 year period of probation.
- Second-degree felony charge – 5-year driver’s license suspension, $10,000 fine, up to 15 years in prison, and a 15-year period of probation.
- First-degree felony charge – 5-year driver’s license suspension, $30,000 fine, up to 30 years in prison, and a 30-year period of probation.
The prosecution must prove your guilt beyond all reasonable doubt in order to secure a conviction for aggravated fleeing to elude.
Even though the penalties you face when charged with a third-degree felony are the most lenient, they are still very harsh. It will also leave you with a felony charge on your criminal record and the label of a felon. This can have a detrimental impact on your chances when you apply for jobs, loans, licenses, and more in the future.
High-speed police pursuits in Clearwater sometimes attract significant media attention, including live coverage from a news helicopter capturing the incident as it unfolds.
This is why our Clearwater criminal defense lawyers want to help you avoid them. At The Law Place, our attorneys possess the experience, knowledge, and skill to fight for your case and work tirelessly on your behalf to minimize the impact that this charge has on your life. So, contact us today to book a free consultation and give yourself the best chance at securing the outcome you hope for.
What Legal Defenses Are Available in My Case?
Because of how detrimental the impact of a fleeing to elude conviction would be to your life, good, solid legal defense is crucial.
A criminal defense attorney from The Law Place would be well-equipped to build a strong defense against your case and to support this defense. They will look for any errors in your case, such as the following:
- The stop was not clearly communicated to you by the law enforcement officer.
- You were not aware that there had been an active police order for you to stop.
- You did not have the actual intent to flee.
- There were circumstances that meant you were not able to stop, and so you did not willfully flee to elude the law enforcement officer.
- The police motor vehicle was not clearly marked, and/or the law enforcement officer was not using their lights and sirens.
- You were not aware that you caused any property damage, bodily injury, or death in the case of aggravated fleeing to elude.
- You were not aware that the request to stop was from a law enforcement officer or the vehicle was not clearly marked.
- You were afraid or wary of pulling over in the area you were in, for whatever reason, and so planned to drive to a safer place before doing so.
- Law enforcement lacked probable cause for the stop or arrest.
It is important you inform your attorney of every little detail that happened during your arrest, even if it seems trivial, as it may prove essential in building a defense for your case. Knowing compliance with law enforcement orders can also affect the severity of the charges you face, so be sure to discuss your understanding and actions with your attorney. Your lawyer may also be able to have the charges you’re facing reduced to “disobedience to police or fire department officials.” Under Florida Statute 316.072.), this is categorized as a second-degree misdemeanor, meaning that it is much less serious, and you would face less severe penalties if charged with this instead.
However, in order to get your charges reduced to this, you will need the help of an experienced Clearwater-based lawyer. In some cases, fleeing to elude charges may be reduced to a lesser traffic offense, depending on the circumstances. Our attorneys at The Law Place are more than qualified to help you and fight on your behalf in court, so be sure to call us today to schedule your free consultation.
Why Should You Hire an Attorney?
While you can represent yourself in court if you wish to, it is highly recommended that you get in touch with a law firm if you have been arrested for fleeing from a law enforcement officer. This is because you have a much better chance of securing a favorable outcome if you have legal support from the very start.
The Florida legal system is very complicated, and for people who are not experienced with it, it is very easy to implicate yourself if you speak to law enforcement before speaking to an attorney and receive legal advice. Always remember that it is one of your constitutional rights to consult with a lawyer before speaking to anyone.
It is completely legal for a law enforcement officer to lie to you in order to try and manipulate information out of you, whether it’s false or not, and to try and get you to plead guilty. They may tell you that they have evidence against you when they don’t, to scare you, or say they have witnesses when they actually don’t. This is because if you plead guilty before going to court, the process is much quicker and simpler for them. Many suspects plead guilty, sometimes even if they aren’t, because they have been made to feel as if they have no other options. However, this is not the truth, as everyone who has been arrested and charged with a serious crime has many viable options.
In some cases, law enforcement may initiate civil forfeiture proceedings to seize property involved in the alleged offense, which is a separate legal process from the criminal case. Even if your case results in misdemeanor charges, civil forfeiture proceedings can still move forward independently, as they are not automatically affected by the outcome of the criminal case.
Hiring an attorney can be the difference between a negative and positive outcome in your case, so you must get in touch with The Law Place as soon as possible.
Call The Law Place Now!
We understand how stressful facing felony charges can be, especially because of how severe the penalties you face are. But you should bear in mind that you have the right to a fair trial, and you should expect a fair outcome at the end of it.
The criminal defense attorneys at The Law Place can help you during this trial. We will prioritize your case and fight aggressively for your charges to be dropped or reduced. Our lawyers will be able to support you throughout this chaotic time of your life, helping you through every stage of the process, from menial paperwork to building a solid defense to representing you in court and securing your freedom.
Fleeing to elude cases in Clearwater often become the subject of news stories, drawing public attention and media coverage. This makes it even more important to have skilled legal representation on your side.
Our phone lines are open 24/7, so don’t hesitate to contact us at any time if you are facing charges for fleeing to elude in Clearwater or elsewhere in Florida.
Call us now to schedule a free consultation at [(941) 444-4444](tel:(941) 444-4444)4).