Fleeing/eluding with lights and siren activated
Florida Statute § 316.1935(2)
Summary verified against the 2026 Florida Statutes: October 1, 2026.
Quick Summary
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.
Summary sources
Classification, Points & Penalties
Classification, Points & Penalties
- Category
- Fleeing / Eluding
- Type
- Criminal Traffic
- Civil / Criminal
- Criminal
- Offense Classification
- Felony
- Degree
- 3rd 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 →