Attorney for Fleeing or Attempting to Elude in Tampa Bay, Florida

Tougher Penalties for Fleeing or Attempting to Elude in Tampa Bay, Florida

If a police officer signals you to stop anywhere in the Tampa Bay area, the decisions you make over the next few seconds can have life-changing consequences. A charge of Fleeing or Attempting to Elude a Law Enforcement Officer under Florida Statute § 316.1935 is a serious felony offense that can result in years in prison, a permanent felony record, and significant collateral consequences for your employment, driver’s license, and future.

I am W.F. Casey Ebsary Jr., a Florida Board Certified Criminal Trial Lawyer. At DUI2Go, I represent individuals charged with serious criminal traffic offenses throughout Tampa, Hillsborough County, Pinellas County, Pasco County, Clearwater, St. Petersburg, Brandon, Riverview, Wesley Chapel, New Port Richey, and the surrounding Tampa Bay communities.

In the video, I explain how fleeing and eluding cases develop, review actual pursuit footage, discuss pursuit termination tactics used by law enforcement, and explain the penalties under Florida law.

Watch: Florida Fleeing and Attempting to Elude Penalties Explained

Video Timeline

00:00 – 00:09 | Understanding the Charge

Learn what prosecutors must prove in a Florida fleeing or attempting to elude case and why these felony charges are aggressively prosecuted throughout the Tampa Bay area.

00:10 – 00:23 | How Pursuits Begin

Watch aerial footage showing how what begins as a routine traffic stop can rapidly escalate into a felony pursuit.

00:24 – 00:29 | Felony Consequences

Even without a lengthy chase, a fleeing charge can expose you to significant prison time and a permanent felony conviction.

00:30 – 00:45 | Law Enforcement Pursuit Tactics

See how officers may use tire deflation devices, coordinated vehicle tactics, and aviation support to end a pursuit.

00:46 – 00:54 | Criminal Penalties

I explain the escalating felony penalties under Florida Statute § 316.1935 depending upon the facts of the case.

00:55 – 01:01 | Protect Your Rights

If you have been arrested, speak with an experienced criminal defense lawyer before making statements about the incident.

What Is Florida Statute § 316.1935?

Florida Statute §316.1935 makes it a crime to willfully refuse to stop after being directed to do so by a properly identified law enforcement officer. The offense can quickly become a felony depending upon the circumstances of the encounter.

One of the biggest misconceptions I hear is that police must prove there was a dramatic, high-speed chase. That is simply not always the case.

Prosecutors often allege fleeing when they believe a driver intentionally continued driving after emergency lights or sirens were activated. Whether that allegation is legally supported depends upon the specific facts of each case.

You can review the current statute here:

Florida Statute §316.1935 (Justia):
https://law.justia.com/codes/florida/title-xxiii/chapter-316/section-316-1935/

Potential Criminal Penalties

The severity of punishment depends upon the conduct alleged.

Third-Degree Felony

The least severe felony version generally involves knowingly failing to stop after an officer has ordered a vehicle to stop. Potential penalties include:

• Up to 5 years in Florida State Prison
• Up to 5 years of probation
• Up to a $5,000 fine
• Permanent felony conviction

Second-Degree Felony

If prosecutors allege the vehicle was driven at high speed or with reckless disregard for the safety of others, the charge may be enhanced. Potential penalties include:

• Up to 15 years in prison
• Up to 15 years of probation
• Up to a $10,000 fine

First-Degree Felony

When fleeing allegedly causes serious bodily injury or death, the offense may become a first-degree felony. Potential penalties include:

• Up to 30 years in prison
• Significant mandatory sentencing exposure depending upon the facts
• Permanent felony record

Every Case Is Different

Many people assume that once emergency lights activate, every continued movement automatically equals fleeing. The reality is often much more complicated.

Questions frequently arise regarding:

• Whether the police vehicle was properly marked
• Whether emergency lights or sirens were clearly visible or audible
• Whether traffic conditions prevented an immediate stop
• Whether the driver was attempting to reach a safer, well-lit location
• Whether the driver actually knew law enforcement was attempting to stop the vehicle

These factual issues can become important during the defense of a criminal case.

Common Defenses That May Apply

Every case requires an individual review of the evidence. Depending upon the circumstances, issues that may deserve careful investigation include:

• Identification of the driver
• Dash camera footage
• Body camera recordings
• Aviation video
• GPS evidence
• Timing of emergency light activation
• Visibility conditions
• Witness testimony
• Radio dispatch communications

No single defense applies to every case, and the outcome always depends upon the specific facts and applicable law.

Why Early Representation Matters

The prosecution often relies heavily upon officer observations, pursuit videos, dispatch recordings, and digital evidence. Early investigation may help preserve important evidence before it becomes more difficult to obtain. As a former Florida prosecutor and public defender, I understand how these investigations are conducted and how criminal traffic cases are presented in court.

Serving Clients Throughout Tampa Bay

My office represents clients charged with criminal traffic offenses throughout:

• Tampa
• Brandon
• Riverview
• Plant City
• Clearwater
• Largo
• St. Petersburg
• Pinellas County
• Hillsborough County
• Pasco County
• New Port Richey
• Wesley Chapel
• Temple Terrace
• Safety Harbor
• Oldsmar

Learn More About My Practice

If you would like to learn more about my background, courtroom experience, and qualifications, please visit my About Page:

https://dui2go.com/about

If you or someone you care about has been charged with Fleeing or Attempting to Elude under Florida Statute §316.1935, contact my office as soon as possible to discuss your case.

Contact me here:

https://dui2go.com/contact

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Internal Links

• https://dui2go.com/about/
• https://dui2go.com/contact/
• Florida DUI practice area page
• Criminal Traffic Defense page
• Driver License Suspension page

External Links

• Florida Legislature (Section 316.1935): https://www.leg.state.fl.us/
• Justia Florida Statute §316.1935: https://law.justia.com/codes/florida/title-xxiii/chapter-316/section-316-1935/
• Florida Department of Highway Safety and Motor Vehicles: https://www.flhsmv.gov/