What is Fleeing to Elude a Law Enforcement Officer?

April 23, 2025 Don Pumphrey, Jr. Criminal Defense Social Share

Under Florida Statutes Section 316.1935(1), fleeing to elude a law enforcement officer occurs when someone in a vehicle attempts to avoid being stopped or arrested by police, even when they have been ordered to do so by a duly authorized officer. Fleeing to elude a law enforcement officer is a very serious felony in Florida. This article will discuss fleeing to elude, defenses to this charge, and next steps if someone is charged with fleeing to elude a law enforcement officer. 

Fleeing to elude a law enforcement officer is a third-degree felony in Florida, punishable by up to 5 years in prison and a $5,000 fine. For someone to be found guilty of fleeing to elude, the State must prove the following elements beyond a reasonable doubt:

• The defendant was operating a vehicle upon a street or highway in Florida
• A duly authorized law enforcement officer ordered the defendant to stop or remain stopped
• The defendant, knowing they had been ordered to stop, willfully refused to stop their vehicle OR having stopped the vehicle, fled on foot to elude the officer

Important: “Willfully” means intentionally, knowingly, and purposely. Patterson v. State, 512 So. 2d 1109 (Fla. 1st DCA 1987). 

Under Florida Statutes Section 316.003, a “street or highway” is defined as the “entire width between boundary lines of every way or place of whatever nature when any part thereof is open to the public for purposes of vehicular traffic.” Put simply, it is the space between the boundary lines of any road or area that is open to the public for cars or other vehicles to drive on.

Note: A vehicle is defined as any and every device in, upon, or by which any person or property may be transported or drawn upon a highway. In addition to automobiles, this includes bikes, electric bikes, and even golf carts. Meister v. Fisher, 462 So. 2d 1071 (Fla. 1984).

If someone drives at a “high speed” or in any manner which demonstrates a wanton disregard for the safety of people or property, fleeing to elude becomes a second-degree felony. Fleeing to elude is also a second-degree felony any time someone other than the defendant is injured, or property is damaged, in the process of the defendant fleeing to elude. A second-degree felony is punishable by up to 15 years in prison and up to a $10,000 fine.

If someone other than the defendant is killed or suffers a serious bodily injury, fleeing to elude becomes a first-degree felony. This is punishable by up to life in prison.

In fleeing to elude cases, a common dispute is whether the law enforcement vehicle had visible insignia, markings, sirens, and lights on. To be convicted of fleeing and eluding, the driver must have known a law enforcement vehicle with these markings and sirens was trying to stop them, unless they received a direct order from an officer. If the driver wasn’t directly ordered to stop and the police vehicle did not clearly identify itself, someone cannot be convicted.

One case involving a lights and insignia dispute was Gorsuch. Gorsuch received a twenty year sentence for first-degree felony fleeing to elude after racing away from an officer at a high rate of speed into wrong-way traffic. Gorsuch argued that since the car that attempted to stop him did not have insignia and jurisdictional markings prominently displayed and did not have sirens on, he could only be found guilty of third-degree felony fleeing to elude. The court agreed, writing:

“It is undisputed that two of the officers were driving unmarked vehicles, and the third officer’s vehicle was marked with a 15 inch City of Miami seal on the car’s door. There was no evidence, however, that any of the vehicles had an agency insignia as required by subsection 316.1935(3). In sum, while the facts demonstrate a willful attempt to elude police … the facts do not support the officers were “in an authorized law enforcement patrol vehicle with agency insignia and other jurisdictional markings … with sirens … activated.” Gorsuch v. State, 797 So.2d 649 (Fla. 3d DCA 2001).

The Gorsuch court reversed his first-degree felony conviction and instead entered a third-degree felony conviction, radically reducing his prison sentence.

Though a lack of insignia, markings, lights or sirens is only a partial defense to the charge of fleeing and eluding if someone has been commanded to stop by an officer, there are various defenses that can lead to a total acquittal. These include:

• The fleeing to elude was not willful or intentional – there was no willful refusal to stop
• Mistaken identity
• No actual pursuit by the officer
• Lack of knowledge: The defendant did not know they were being pursued and ordered to stop
• Inability to stop safely due to a malfunction with the vehicle
• Medical emergencies
• The arrest was unlawful and violated the defendant’s constitutional rights, which may lead to the dismissal of a fleeing to elude charge 

Being charged with fleeing to elude a law enforcement officer or a related offense in Florida is very serious. A conviction could result in lengthy prison sentences and hefty fines. It is vital for someone facing these charges to find experienced and aggressive legal representation as soon as possible.

Criminal Defense in Tallahassee, FL

Don Pumphrey, Jr. is a Former Prosecutor, Former State Police Officer, Lifetime Member of the Florida Association of Criminal Defense Lawyers; for over 25 years as a private defense attorney who is Trusted, Experienced, Aggressive in Criminal Defense as a Trial Attorney, Criminal Lawyer, Criminal Defense Lawyer for the accused in Florida State Courts located in Tallahassee, Florida but handling cases throughout the State of Florida.

Don Pumphrey, Jr. and the experienced criminal defense attorneys at Pumphrey Law have decades of experience fighting on behalf of clients and winning. Call Pumphrey Law now at (850) 681-7777 to learn more about what we can do for you. Our lawyers will be happy to provide you with a free consultation.

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