Fleeing & Eluding
Search names, statutes, classifications, penalties, points, and enforcement notes.
5 offenses
Aggravated fleeing/eluding — high speed/wanton disregard
Florida Statute § 316.1935(3)(a)
The driver must willfully flee or attempt to elude an officer in a prominently agency-marked authorized patrol vehicle with both lights and siren activated, AND during that flight drive at high speed OR with wanton disregard for safety. Record the patrol prerequisites and specific speed/driving conduct; the statute states alternatives for the aggravating conduct. Causing serious bodily injury or death creates the separate subsection (3)(b) track rather than this subsection (3)(a) entry.
Aggravated fleeing/eluding causing SBI/death
Florida Statute § 316.1935(3)(b) / 316.1935(4)(b)
Select the injury/death theory precisely. Under §316.1935(3)(b), willful flight from a prominently agency-marked patrol vehicle with both lights and siren activated must involve high speed OR wanton disregard and cause serious bodily injury or death. Under §316.1935(4)(b), the person must be unlawfully leaving a qualifying crash, know of an order to stop, willfully fail to stop or flee after stopping, and cause serious bodily injury or death through that flight. Document causation and each selected theory's distinct prerequisites; do not combine them into a single generic fleeing charge.
Fleeing or attempting to elude
Florida Statute § 316.1935(1)
The vehicle operator must know that a duly authorized officer ordered a stop and willfully refuse/fail to stop, or stop in knowing compliance and then willfully flee to elude the officer. Document the order, how the driver perceived it, and conduct showing intentional noncompliance. This subsection does not require the marked-patrol-car/lights-and-siren facts of subsection (2). Mere delay or failure to notice an order does not itself establish willfulness and knowledge.
Fleeing or Attempting to Elude
Florida Statute § 316.1935
Select the statutory theory: knowing, willful refusal of an officer’s stop order; willful flight from a prominently marked patrol vehicle with both lights and siren; or an aggravated track. High speed OR wanton disregard adds an enhancement to the marked-vehicle theory, and resulting serious injury/death adds another. Flight while unlawfully leaving a qualifying crash has different prerequisites. Document perception of the order, intentional evasion, markings/warnings, driving conduct, and causation rather than merging the theories.
Fleeing/eluding with lights and siren activated
Florida Statute § 316.1935(2)
This track requires willful flight or attempted eluding of an officer in an authorized patrol vehicle with prominent agency jurisdictional markings and BOTH siren and lights activated. Document the patrol markings, activation, and the suspect's conduct showing intentional evasion. Do not substitute an unmarked vehicle or lights alone for the specific prerequisites. High-speed/wanton driving and resulting serious injury/death are separate enhancements.