How To Beat A Fleeing And Eluding Charge In Florida

The state must prove the defendant knowingly and intentionally fled or eluded the police. 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. Contact The Law Place Today. 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. Our law firm offers round-the-clock consultations over the telephone at no obligation. It was a third- degree felony with a possible five-year prison sentence.

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How To Beat A Fleeing And Eluding Charge In Florida Travel

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. This caught the attention of our Client and she pulled her vehicle over to the side of the road. What is fleeing and attempting to elude law enforcement? Flee to Elude Defense Lawyer in Palm Beach County, FL. Contact us today to find out how we can help with your specific case. If you are captured, then you'll face felony-level penalties. A hearing was set for the Motion to Suppress and the State filed two continuances. Florida law provides harsh punishments for anyone charged with fleeing or attempting to elude a law enforcement officer. If my clients were ever to ask me if I know of a good DUI defense attorney, I know to whom I can refer them!

After driving on the shoulder of the highway and nearly sideswiping a stationary Florida Highway Patrol officer on the side of the road, an officer attempted to pull over the Client. Depending on the circumstances, a lawyer could also try to prove that the defendant was not able to pull over immediately, but he or she did not have the intention to elude the police. A felony conviction for fleeing and eluding in Florida is not one to take lightly. If you are facing charges for fleeing and eluding, there are defenses that an experienced attorney will employ. Working closely with the State, Robert Malove was able to show the State that the client was not any further threat and after completing a diversion program, the State dropped the DUI. But, we can make you one simple promise. You looked for every opportunity and you won! During the course of the fleeing or attempt to elude, drove at a high speed or in any manner demonstrating a wanton disregard for the safety or people or property and as a result of these reckless actions another person sustained serious bodily injury or died. Running from a police officer who has a clearly marked patrol car with lights activated is considering fleeing as well. DUI reduced to reckless driving after Unlawful and Unreasonable Search and Seizure. All Fleeing & Eluding charges require a mandatory adjudication of guilt and driver's license revocation. What you are quoted will be what the services offered to you will cost. When the officers arrived, they observed the Client leaning against his steering wheel.

How To Beat A Fleeing And Eluding Charge In Florida May

Contact The Morris Firm at once for a hard-hitting legal defense. The Officer asked the Client if he would agree to perform field sobriety exercises, and he agreed. After conversations with Tom, who knew I would settle for nothing less than a FULL DISMISSAL due to my innocence, I hired him. DUI Reduced to Reckless Driving. A second officer arrived and also thought my client might be impaired from some kind of controlled substance. After running a check on the Clients driver license the officer asked the Client to exit his vehicle and walk to the front of his patrol car. The client agreed and had a hard time staying steady on his feet and understanding instructions. However, this second-degree felony charge is not the worst possible consequence. First, under the state fleeing and eluding definition, you must knowingly and willingly fail to stop for a police officer and attempt to leave the scene.

My client was stopped after making a wide turn and because he was riding on the tire rim after getting a flat tire. The revocation of your driving license for a period of between one and five years. You may receive these criminal charges any time you refuse or fail to stop your vehicle for law enforcement. We provided the prosecutor cases and a memorandum of law arguing that our client was unaware of the contents of the backpack, that the backpack was within reach of other passengers and that the Coast Guard had no probable cause to search the boat. The only way to avoid being a convicted felon is to beat the charge! As an interesting sidebar, the judge who issued the opinion in my case was none other than the Honorable Marilyn Milian of the highly successful syndicated TV show The People's Court. So, you are free to make your own decision. 1935, all offenses for Fleeing and Attempting to Elude under Section 316. The Law Place in Tampa has a proven history of helping our clients to minimize the damage of their fleeing to elude charges.

How Do You Beat A Fleeing And Eluding Charge

If you have any questions, queries, or concerns, we can address them at no cost. With the potential of spending significant time behind bars, the sooner you align yourself with a qualified defense lawyer, the better chance you will have at developing a strategy that could help you maintain your freedom. There exist two options for this: - Option A – Filing an application for a hardship license with the Bureau of Administrative Review. Charges are prosecuted as felony crimes and may result in substantial jail time, revocation of your driver's license, and forfeiture of your vehicle. According to Florida Statutes, the three strikes law leads to elevated penalties for those who have committed three or more violent felony in Florida.

Do not face these charges in court alone. The Blood Breath Partition Ratio assumes that 2100mL of breath contains the same amount of alcohol as 1 mL of blood. Additionally, without an attorney's guidance, it is extremely easy to accidentally implicate yourself, which could be held against you in a trial. 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. If you are charged with aggravated fleeing, you could face a second-degree or even first-degree felony charge. The officer smelled a strong odor of alcohol on the Client's breath, noticed he had glassy eyes, a flushed face, and slurred speech.

How To Beat A Fleeing And Eluding Charge In Florida Court

A lawyer can thoroughly examine the case to determine what defenses are available, and potentially have the charged dismissed or reduced before your trial date. Simply reckless driving at high speed will suffice for the charge. A lawyer can evaluate your situation and choose the defense that will be most beneficial for your case. Protect your freedom and our rights by calling (941) 363-7900 now for a free and confidential consultation. If you face criminal charges in Florida, call 407-644-2466 for a free consultation with the Orlando criminal defense lawyers at the Rivas Law Firm. Once these elements have been established, the judge is obligated to assign the mandatory minimum sentence for the crime, even if they would have otherwise been inclined to grant leniency. These are charges that you will be unable to have expunged or sealed even with the help of a criminal defense lawyer.

The scale of severity for crimes of fleeing to elude does not stop at the above. If the charges were downgraded, the likely result would be reckless driving or regular, non-aggravated fleeing to elude an authorized law enforcement officer. Fines up to $10, 000, vehicle forfeiture, a revoked driver's license, and a criminal record showing your first-degree felony forever. The client refused to submit to roadside sobriety exercise and a breath test. After the State reviewed the information we provided to them, the prosecutor made an offer our client could not refuse. Based on the driver's physical state and the officer's observations, the officer placed our client under arrest.

How To Beat A Fleeing And Eluding Charge In Florida Online

Unfortunately, high-quality criminal legal support is never going to be free in Florida. Additionally, if the keys were really in the ignition as the arresting officer maintained, when my client opened the car door the deputy sheriff's carcam audio feature would have recorded the "ding, ding, ding" of door chime alerting him not to forget his keys. You may be fired from your current job, and have any professional licenses revoked. The purpose of this is to deter people from disobeying or harming officers while they are working.

Much of the evidence in these cases is in the form of GPS or cell phone data or video recordings from a dashboard or body camera. After the judge ruled, the prosecutor offered to reduce the charge from DUI with property damage to reckless driving with property damage. Our client was seated in the driver's seat, engine running, where the vehicle came to rest in the grassy curb in the middle of the highway. Do they have the right person? "It is unlawful for the operator of any vehicle, having knowledge that he or she has been ordered to stop such vehicle by a duly authorized law enforcement officer, willfully to refuse or fail to stop the vehicle in compliance with such order or, having stopped in knowing compliance with such order, willfully to flee in an attempt to elude the officer. 150) to reckless driving with no permanent criminal conviction that can be sealed and expunged from her record. The Client agreed to perform field sobriety exercise and failed to perform them even after the officer demonstrated and explained them to her multiple times. An experienced criminal defense attorney can investigate defenses that exist in your case. After a motion to suppress was filed and granted, the State amended the information and charged my client with one count of reckless driving. Wait too long and it becomes much harder to get your vehicle back.

At approximately 1:42 a. m. our client was observed weaving in and out of traffic lanes and disobeying pavement markings on Oakland Park Blvd. Thus, he thoroughly prepares and provides zealous advocacy from beginning to end.

Monday, 08-Jul-24 02:17:50 UTC