Defending Flee to Elude Charges in Polk County, Florida

In Florida, evading or trying to escape law enforcement is a serious crime with harsh penalties. According to Florida Statute 316.1935, these actions can result in significant legal consequences, particularly when aggravated by factors such as high-speed pursuits, collisions, and the use of law enforcement tools like stop sticks and police dogs.

A felony conviction can lead to a permanent criminal record

impacting future employment and educational opportunities. 

This law classifies offenses into various levels, from first-degree misdemeanors to third-degree felonies, depending on the circumstances. Due to the severity of this crime, it is crucial to understand the penalties associated with different levels of felony eluding.

First-Degree Misdemeanor:

A driver who willfully flees or attempts to elude a law enforcement officer.

Third-Degree Felony:

Involves high-speed or reckless driving, causing serious bodily :

injury, or causing damage to property.

Second-Degree Felony:

If the driver causes serious bodily harm or death to another person.

First-Degree Felony:

Involves fleeing with the intent to cause harm to law enforcement officers.

Defending Flee to Elude Charges in Polk County, Florida

Defending against a charge of fleeing to elude can be difficult and a robust legal strategy tailored to your specific circumstances is essential. An experienced law firm such as McMann, P.A., can investigate various potential defenses such as arguing willful intent, asserting the stop was unlawful, a classic case of mistaken identity or necessary due to a medical emergency.

Improper Stop

In Florida, police officers need "reasonable suspicion" to conduct a traffic stop. This means they must have specific facts indicating that a crime or traffic violation is taking place, rather than just a mere hunch. Florida courts have consistently determined that vague or general reasons, such as a "feeling" or "instinct," are insufficient grounds for stopping a vehicle.

Under Florida Statute 901.151, referred to as the Florida Stop and Frisk Law, an officer needs to have a reasonable suspicion that an individual has committed, is in the process of committing, or is about to commit a crime. This suspicion could arise from actions like swerving between lanes, erratic driving, or not following traffic signals. If the officer cannot establish reasonable suspicion, the stop may be considered unlawful.

Mistaken Identity

In Florida, mistaken identity can serve as an effective defense in criminal cases, where the defendant asserts that they were incorrectly identified as the criminal. This defense does not challenge the fact that the crime occurred but contends that the wrong individual was charged. For a mistaken identity defense to succeed, it is crucial to weaken the prosecution's evidence, especially eyewitness testimony, and to highlight possible errors or biases in the identification process.

Sudden Emergency Doctrine

In Florida, a medical emergency can serve as a legitimate defense against speeding or fleeing to elude charges. However, it necessitates demonstrating that the emergency was unexpected, that speeding was essential to handle the situation, and that the driver behaved as a reasonable person would under similar circumstances. This defense is commonly known as the "sudden emergency doctrine".

Sudden Emergency Doctrine in Florida

Sudden and Unexpected Situation:

The situation must be unforeseen and arise suddenly, requiring immediate action. 

Not Self-Created:

The emergency cannot be the result of the driver's own negligence or misconduct. 

Reasonable Action:

The driver's response to the emergency must be what a reasonable person would have done in the same circumstances. 

Necessity:

Must have been necessary to address the medical emergency. 

If a driver had a sudden and severe asthma attack while on the road and needed to quickly reach the nearest hospital for urgent medical care, they might invoke the sudden emergency doctrine as a defense against speeding / flee to elude.

Essentially, a medical emergency defense in Florida involves showing that the speeding was a necessary and reasonable reaction to an unexpected medical situation, and that the driver behaved as a prudent person would in such circumstances.

Vehicle Malfunction

In Florida, a vehicle malfunction can serve as a legitimate defense against charges of fleeing or attempting to elude law enforcement. A key element of this crime is that the fleeing must be willful, meaning intentional. If a driver can prove that a vehicle malfunction prevented them from stopping, it can be argued that their failure to stop was not willful. This defense generally requires presenting evidence, such as a mechanic's report or other documentation, to support the claim of a vehicle malfunction. 

Lack of Intent

A potential defense against charges of fleeing or eluding law enforcement is the absence of intent. If the prosecution fails to demonstrate beyond a reasonable doubt that the driver deliberately intended to escape the police, the charge might be dropped. This could occur if the driver didn't notice the police, faced dangerous road conditions, or couldn't find a safe place to stop.

Coercion or Duress

In Florida, a driver charged with fleeing and eluding may be able to claim coercion or duress as a defense if they fled because of a legitimate fear of imminent death or serious injury. This defense contends that the act of fleeing was not a voluntary decision but a necessary response to a perilous situation they did not initiate.

This defense essentially admits to the act of fleeing but claims it was done under duress

meaning they were compelled to flee to avoid a threat.

To effectively employ this defense, the defendant must prove that they faced an illegal threat of death or serious bodily harm, had a justified fear that the threat would be executed, had no reasonable way to escape except by fleeing, and that the threat was not a result of their own wrongdoing.

For example, an individual might assert duress if they were pursued by someone who seemed to impersonate a law enforcement officer, or if they were concerned for their safety because of a medical emergency or another pressing situation.

Violation of Rights

This defense contends that the driver's actions were directly caused by the infringement of their constitutional rights, like an unlawful search or seizure.

Insufficient Evidence

An alternative defense against charges of fleeing and eluding involves arguing insufficient evidence, often by contesting the prosecution's capacity to prove the defendant's intent or the legality of the initial stop. This defense contends that the state did not adequately show that the defendant intentionally evaded law enforcement or that the police action was illegal. 

Witness Testimony

Testimony from witnesses can be crucial in defending against various charges.

A witness might testify that the defendant was not present at the scene or was not the driver, thereby providing an alibi. Witnesses might also testify about whether the police properly signaled the driver to stop, whether the stop was warranted, or if there were other reasons for not stopping.

A healthcare expert might provide testimony regarding the driver's medical condition or mental state at the time of the incident, which could support a medical emergency defense. Additionally, witnesses could be summoned to bolster any of the potential defenses previously mentioned, including lack of intent, duress, or hazardous conditions.

Video Evidence

In Florida, a video of a police chase can serve as vital evidence in a "fleeing to elude" case for both the prosecution and the defense. For the prosecution, it can demonstrate the elements of the crime, such as the defendant's behavior and the identification of the officer's vehicle. For the defense, it can be utilized to dispute the prosecution's assertions, demonstrate a lack of intent, or point out discrepancies in the police narrative.

Although video evidence provides substantial benefits in legal cases, it is neither perfect nor foolproof. It is most effectively utilized alongside other types of evidence, including eyewitness accounts, forensic evidence, and expert analysis, to construct a thorough and persuasive case.

Proper management, verification, and presentation are essential to maximizing its impact and ensuring a fair legal process.

Click Here to Learn About Our Strategies to Get Criminal Charges Dropped Before Court in Polk County, Florida

The consequences for felony eluding a law enforcement officer in Florida are harsh and differ based on the situation and the felony's severity. Even without any aggravating circumstances, fleeing and attempting to elude a law enforcement officer is considered a third-degree felony, which involves substantial potential penalties.

In Florida, a conviction for felony eluding not only involves possible prison time and fines but also leads to a mandatory revocation of the driver's license which significantly affects an individual's ability to travel, work, and manage daily tasks.

Grasping the complexities of felony eluding charges in Florida is crucial for anyone confronted with these significant criminal accusations. Familiarity with the definition, aggravating factors, penalties, and legal defenses serves as your initial line of protection.

If you are facing felony eluding charges, it is crucial to seek legal assistance promptly.

Reach out to McMann, P.A., for a complimentary consultation today.

Mark D. McMann

McMann, P.A.

1700 South Florida Ave.

Lakeland, Florida 33803

863-393-9010

 www.mcmannpa.com