Aggravated fleeing/eluding causing SBI/death
Florida Statute § 316.1935(3)(b) / 316.1935(4)(b)
Summary verified against the 2026 Florida Statutes: October 1, 2026.
Quick Summary
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.
Summary sources
Classification, Points & Penalties
Classification, Points & Penalties
- Category
- Fleeing / Eluding
- Type
- Criminal Traffic
- Civil / Criminal
- Criminal
- Offense Classification
- Felony
- Degree
- 1st Degree
- Points
- 0
- Fine / Penalty
- Court determined; statutory mandatory minimums/surcharges may apply
Base fines are not the total payable amount. Costs, enforcement method, crash consequences, prior history, and court disposition can change penalties or points. A reported zero does not rule out license suspension or revocation.
Court & Enforcement
Court & Enforcement
- Mandatory Court
- Yes
- NTA Eligible
- No — felony
- Custodial Arrest
- Yes, when lawful arrest authority exists
NTA means notice to appear. Eligibility is conditional; these fields do not independently authorize arrest. Confirm the exact statutory track, lawful arrest authority, traffic procedure, and agency policy.
Arrest authority guideCivil infractions resulting in death or serious bodily injury require a hearing under §318.19.
Offense Guidance
Offense Guidance
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.
Review required facts and applicable instructions →