FLEEING AND ELUDING

In recent years the Florida legislature has increased the severity and punishment for many criminal traffic offenses that were once considered misdemeanors.

The most dramatic changes have come to the penalties for fleeing and eluding a police officer.  Before the recent change in the statute the most severe punishment for this offense was a year in the county jail.  This sentence was rarely, if ever, imposed.  The person charged could expect probation and community service and perhaps a letter of apology to the police officer.

ALL THIS HAS CHANGED.

The offense of fleeing and eluding a police officer is now treated as a third degree felony punishable up to five years in the state prison and a $5000.00 fine.  The person who is guilty of this offense will be automatically adjudicated.  That means a criminal record as a convicted felon.  In addition, the license is automatically suspended for two years.

If certain aggravating factors are included the severity of the crime and its punishment are also dramatically increased.  For example, if the driver is accused of driving recklessly during the pursuit that offense is now a second degree felony punishable by up to fifteen years in the state prison.  If it is alleged that the driver stopped causing the police to stop and then starts the pursuit again that is also charged as a second degree felony.

RECKLESS DRIVING

If it is alleged that a person charged with reckless driving caused a serious bodily injury that offense is charged as a third degree felony.  If a death results the offense is charged as VEHICULAR HOMICIDE, a second degree felony .   

LEAVING THE SCENE OF AN ACCIDENT

If no serious injury or death is involved this offense is charged as first degree misdemeanor.  However, if there is a serious bodily injury it is charged as a third degree felony.  Or, if there is a death, it is charged as a second degree felony.