Fleeing And Eluding Charges In Florida

June 1, 2024, 11:41 pm
Here at The Law Place in Tampa, we have amassed 75 years of combined experience between our team defending our clients. We can offer you free legal advice at no obligation, and the entire call will be protected by attorney-client privileges, even though it cost you nothing. No Points No School No Court Or your money back*. Once arrested for this offense, it is vital that you seek legal counsel immediately. My client had no slurred speech and appeared to be perfectly sober. Most landlords run background checks, and a felony conviction may result in a denial of tenancy. Unlawful Stop By Arrested Police Officer. While being charged for driving in a way that constitutes fleeing to elude a law enforcement officer is a serious thing, especially if the charges become aggravated due to high-speed reckless driving, this does not mean you are without any hope. You can contact us at Meltzer & Bell, P. Fleeing and Eluding Charges in Florida. today to discuss your case with an experienced traffic crimes attorney in West Palm Beach, FL. Benjamin Herbst is a South Florida fleeing and eluding lawyer who knows how to cross examine police officers in a way that exposes their biases, and he relentlessly questions all state witnesses. The state must prove the defendant knowingly and intentionally fled or eluded the police. The first attorney I hired could not even get a response from the State Attorney handling the case. For this reason, giving an exact quote without the full story is impossible. CONSEQUENCES OF AGGRAVATED FLEEING AND ELUDING CRIMES IN FORT LAUDERDALE.

How To Beat A Fleeing And Eluding Charge In Florida

Attorney for Fleeing to Elude in West Palm Beach, FL. However, if your high-speed pursuit or reckless driving actually incurred serious bodily injury or death to another, you face even more severe consequences. Fleeing and eluding a law enforcement officer isn't always the newsreel car-chase that we have come to expect from movies. How to beat a fleeing and eluding charge in florida case. The Client was arrested back in 2010 for DUI and two counts of DUI with property damage. The firm filed a Motion to Suppress and was able to show the State and the Court that our client was not slurring his speech, did not show any uncoordinated movements, and that his eyes were not blood-shot or glassy.

How To Beat A Fleeing And Eluding Charge In Florida Court

The failure to obey charge is a misdemeanor that carries a sentence of 60 days in jail. Ultimately we were able to win over the state by showing the inconsistencies in the police observations and the medical doctor's findings. The penalties for a second-degree felony case of aggravated fleeing, which would occur if there was not any actual serious bodily injury or death, can include: - Imprisonment for a period of up to 15 years. How to beat a fleeing and eluding charge in florida. The officer claimed that he immediately smelled the odor of alcohol as he approached the vehicle. For that, I don't have words to say "thank you" you were always kind and believed in me. I am 53 years old with a spotless record and glad to keep it that way thanks to the time, effort, hard work, and professionalism of the Adams and Luka and Tom Luka. During the investigation and after retracing the client's steps, the officer located a liquor bottle in the trash.

How To Beat A Fleeing And Eluding Charge In Florida Case

After gathering statements from witnesses, Tom was able to present a strong argument on my behalf to the State Attorney on why the case should be dismissed. Prison Time, Fines, and Forfeiture. A violation of subsection (1) or subsection (2) is a third-degree felony, with the latter considered a higher level of a third-degree felony. The Client's result of the breath exam was. If the charges were downgraded, the likely result would be reckless driving or regular, non-aggravated fleeing to elude an authorized law enforcement officer. Florida Three Strikes Law. The defendant, knowing that he or she had been directed to stop by the police officer (a) willfully refused or failed to stop the vehicle in compliance with the order, or (b) having stopped the vehicle, willfully fled in vehicle in an attempt to elude the officer.

How To Beat A Fleeing And Eluding Charge In Florida Department

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. We brought this to the attention of the State after several meetings with the State, the firm was able to convince the State that the Client was not intoxicated. Finally, all the officers should have been in full and official police uniform. The client refused to provide a sample of his breath. My health is great and my family life is amazing. Because of this, Mr. Gorsuch's motion to reduce his charges to a lesser offense was accepted. Protect yourself and your future by contacting an experienced criminal defense attorney as soon as possible. We will start charting out a sturdy defense structure to battle your charges. My client suffers from Cerebral Palsy and walks haltingly. How to beat a fleeing and eluding charge in florida department. Especially in its aggravated form, where the fleeing to elude runs the risk of serious bodily injury or death. Is Fleeing to Elude a Felony in Florida? A first-degree felony charge on your criminal record will follow you for the rest of your life. Investigation of Attorney leads State to withdraw DUI charge.

Under the Florida Contraband Forfeiture Act, the Florida Department of Highway Safety and Motor Vehicles can confiscate a vehicle (or a boat) used to flee police. Client's Breath Test of. Free Aggravated Fleeing and Eluding Criminal Defense Strategy Session. Getting the charges against you dismissed or reduced is your only chance of avoiding being branded a felon for the rest of your days. An offense under this subsection is a second-degree felony. No Authority for Search Leads to Violation of Client's Rights. 1935(3)(a), for fleeing to elude a law enforcement officer while siren and lights activated with high speed or reckless driving can lead to an enhanced charge if the defendant drives at a high rate of speed, or with a wanton disregard for the safety of persons or property. Daniel v. State, 44 Fla. L. Weekly D1201 (Fla. 1st DCA May 6, 2019). One mistake shouldn't have the power to ruin your life – and we'll fight to make sure it doesn't. A driver who stops or pulls over must also remain in the vehicle until the officer states otherwise. In Florida, fleeing or attempting to elude a law enforcement officer is always a felony offense, ranging from a third-degree to a first-degree felony charge. 00 fine and Five (5) years in Florida State Prison. A criminal record for aggravated fleeing which will follow you for your lifetime, not just in Florida. Aggravated Fleeing and Eluding in South Florida | Fort Lauderdale. The officer asked the client of they would participate in sobriety exercises and provide a breath sample.
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