Fleeing and Eluding a law enforcement officer

Orlando Attorney

If you run from the police, you may be facing a charge of “fleeing and eluding.” In Florida, fleeing or attempting to flee a police officer is a felony — a serious charge that could affect you for the rest of your life. If you have been charged with fleeing and eluding, you should contact an experienced attorney to protect you from consequences such as driver’s license revocation and prison.

What Is Fleeing And Eluding?

Florida defines fleeing and eluding as operating a motor vehicle on a Florida roadway or highway and:

  • Willfully refusing or failing to stop a vehicle having knowledge that you have been ordered to stop by a duly authorized law enforcement officer
  • Purposely evading or attempting to flee a law enforcement officer in clearly marked patrol vehicle with siren and lights activated.

There are separate types of fleeing and eluding cases that are charged, based upon the specific situation:

  • Fleeing and eluding a police officer when sirens and lights are activated
  • Fleeing and eluding at a high rate of speed or driving recklessly when sirens and lights are activated
  • Fleeing and eluding at a high rate of speed or driving recklessly and causing serious injury or death while sirens and lights are activated

The charge of fleeing and eluding may come down to the perception of the arresting police. To convict you, the prosecutor must show that you had knowledge that you had been ordered to stop by a law enforcement officer. The patrol car that pursued you must have agency insignia and other jurisdictional markings prominently displayed on the vehicle.

Florida Penalties For A Fleeing And Eluding Conviction

This crime is a third-degree felony, punishable by up to five years in prison. If you are convicted, the court will revoke your driver’s license for a minimum of one year and as long as five years.

If you drive at high speed or in a manner that demonstrates a wanton disregard for the safety of people or property and then cause injury or death to another person, you can be charged with aggravated fleeing and eluding.

  • Aggravated fleeing and eluding is a second-degree felony, punishable by up to 10 years of prison with a minimum mandatory sentence of three years. You can also be charged with this crime if you leave the scene of an accident causing serious injury or death having knowledge that you have been ordered to stop by a law enforcement officer.

Do You Need Help With A Fleeing And Eluding Charge in Florida?

At The Umansky Law Firm, our criminal defense lawyers in Orlando, FL are here to protect your driver’s license and your liberty if you have been arrested. We have over 60 years of combined experience that we put to use when standing up for your rights after a fleeing and eluding charge.

To schedule a free case review with an Orlando criminal defense attorney at The Umansky Law Firm, contact us online or call 407-228-3838.

Recent Criminal
Case Results

Burglary of Dwelling; Petit Theft

Withhold with 6 months probation and impulse control; adjudication withheld

Grand Theft ($300-$5000)

Nolle Prosequi-Case Dropped

CT-Driving Under the Influence Car (M1)

Nolle Prosequi - Case Dropped

CT- Driving under the influence car

Nolle Prosequi - Case Dropped

Grand Theft Third Degree

Adjudicated Guilty; One day jail/one day time serve; Restitution fees; Court Cost

Petit Theft < 300

We negotiated an agreement that entailed the State dropping the charge after our client completed a Pre-Trial Diversion Program. The Charge was dropped via a Nolle Prosequi.

Unlawful Speeding

Withhold of Adjudication; No points on license; Paid fine and clerk cost; 8 hour aggressive driver class; 90 days to satisfy fine and class

Shoot/Throw Missile Into Dwell/Struct/Veh; Child Abuse; Criminal Mischief; Battery (Domestic Violence)

No Information Notice - Charges Dropped

Attach Tag/Lic Plate To Unassigned Vehicle (M2)

Nolle Prosequi - Case Dropped

DUI with Minor In Car or BAL of .20 or Higher

Pled No Contest, 1 Year Probation, 10 day Car Impound, Community Service

Motion to Modify Probation

Motion Granted in 48 hours

Petit Theft

Adjudication Withheld, 4 Months probation, Costs/Fines, Impulse Control Class

Petit Theft of $100 or MORE (M1)

Nolle Prosequi

Refuse To Submit To DUI Test (M1)

Case Dropped

Battery on Law Enforcement Officer (F3); Disorderly Conduct (M2)

Nolle Prosequi - Case Dropped


Charges Dropped

Scheme to Defraud(F3); Grand Theft(F3)

Motion to Terminate Probation Granted

Unlawful Speed


Failed to Yield at Intersection

Not Guilty

Leave Scene Of A Crash W/Property Damage (M2)

Case Dropped

Motion to Modify and Impose a Withhold of Adjudication


Attempted Burglary of a Conveyance

Charges dropped

Possession of Cannabis (less than 20 grams)

Charges dropped


Reduced to reckless driving

Possession of Alcohol Under the Age of 21

Charges dropped

Driving Under the Influence

Reduced to Reckless Driving

Violation of Probation

Case Dismissed

More Cases

Recent Personal
Injury Settlements


Sexual Assault Victim


Car Accident


Motorcycle Accident


Trip and Fall


Car Accident


Car Accident


Car Accident


Car Accident


Car Accident


Car Accident


Car Accident


Scooter Accident


Car Accident


Car Accident


Government Liability Case


Back Injury

More Settlements