Benjamin has won numerous fleeing charges in Florida, and fights to have the charges dismissed or reduced immediately upon being hired. We fight the charges aggressively with the goal of helping you achieve the best possible result and avoiding a permanent criminal record and driver's license revocation. Florida Three Strikes Law. The revocation of your driving license for a period of between one and five years. An experienced criminal defense attorney can investigate defenses that exist in your case.
A second-degree felony charge for fleeing and eluding can result in up to a 15-year prison sentence, and/or a maximum fine of $10, 000. A smart and tenacious criminal defense attorney can make all the difference. The instructions the officer gave to the Client in this case were poorly explained to the Client and the Officer never asked the Client if he understood the instructions before asking him to perform each exercise. A lawyer can evaluate your situation and choose the defense that will be most beneficial for your case. We were able to show that this isolated incident was triggered by his PTSD after interviews with witnesses and the production of records. Additionally, you will suffer from permanently raised insurance premiums for any vehicle you may own in the future. An attorney who will not stop fighting for your rights no matter what. Fleeing or eluding is by definition the failure to submit to a show of authority, thus arguing an unlawful stop will not be a legitimate argument in fleeing cases. Under the fleeing and eluding definition and punishment section of Florida law, it states that a judge has the discretion to suspend your license for up to five years. Fleeing & Eluding a Police Officer In Illinois | Traffic Ticket Lawyers | Driver Defense Team. DUI Motion To Suppress Granted, Reckless Driving Charged Dismissed As Filed Outside Statue of Limitations. How to beat a fleeing and eluding charge in florida now. The purpose of this is to deter people from disobeying or harming officers while they are working.
'Fleeing And Eluding: Sirens and Lights Activated with High Speed or Reckless Driving Causing Serious Bodily Injury or Death' occurs when the defendant drove at a high speed or in a manner showing wanton disregard for the safety of other people or property during the course of fleeing or attempting to elude law enforcement, and causes serious bodily injury or death as a result. The ever so conscientious Boca Raton police officer had my client step out of his car after noticing a strong odor of an alcoholic beverage. Attorneys for Flee to Elude Law Enforcement in West Palm Beach, FL. One such way that a good Florida lawyer may be able to get your charge reduced is to one of disobedience to police department officials. Our client was arrested for Possession of Cannabis and Possession of Cocaine. You should also seek representation if you have reason to believe you are being investigated for fleeing to elude a law enforcement officer. After stopping for a law enforcement officer, willfully flees from the scene. The Penalties for Attempting to Flee and Elude a Law Enforcement Officer in Tampa, Florida.
The law enforcement officer did not fill the required criteria for issuing a stop order, such as an incorrect vehicle, insignia markings, or uniform. In addition, the doctor made many statements which showed that our expert's findings were plausible and that the defense had a good chance of getting an acquittal at trial. Fleeing & Eluding Defense Attorney in Florida. My client, a 26-year-old recent college grad with her entire life ahead of her, came with her father to meet me last year. There was no high-speed driving or wanton disregard: Driving slightly over the speed limit while evading a police officer is not always considered aggravated fleeing and eluding in Florida. Florida has differing penalties for various flee to elude law enforcement scenarios, which include: - Standard Flee to Elude: Willfully refusing or failing to stop your vehicle in compliance or willfully attempt to flee the officer while having knowledge that you have been ordered to stop lawfully by the police officer. This firm filed a Motion to Suppress citing that the officer illegally conducted a search of the client's vehicle by opening the door violating the client's Fourth Amendment. An individual can be charged with aggravated fleeing and eluding if he or she flees or eludes an officer while driving at high speeds with a complete disregard for the safety of others.
My client refused to take the breath test. Tragedy occurring from the driver fleeing to elude or attempt to elude will mean life-long consequences. Being labeled as a habitual offender can have a negative impact on every aspect of life. But then it struck me. The elements of fleeing and eluding under Florida law include: - operating a motor vehicle upon a street or highway in Florida; - having knowledge that he has been ordered to stop the vehicle by a duly authorized law enforcement officer; - willfully refusing or failing to stop the vehicle in compliance with such order; or. Prosecution argued that client was in "actual physical control" of a vehicle. According to the arrest report the officer stated that when he was speaking with the Client, he could the smell an odor of alcohol emanating from our Clients breathe and the smell grew stronger each tie our Client spoke. While celebrating with family and friends at a Public Park in Seminole County, a fight broke out among various people. After the deposition, our office prepared a case summary for the State outlining the holes in the case. Violation of Client's 4th Amendment Rights and Illegal Stop Leads to DUI Charge Being Dismissed. How to beat a fleeing and eluding charge in florida right now. The defendant was afraid to pull over as it was night, and they were looking for a safe opportunity to stop for the law enforcement officer. My client had no slurred speech and appeared to be perfectly sober.
The Florida Department of Highway Safety and Motor Vehicles now owns her BMW S-1000RR Superbike.