Fleeing or Eluding a Law Enforcement Officer 316.1935 7/16/2024
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Questions and Answers

What is the felony degree of a person who willfully flees or attempts to elude a law enforcement officer?

  • Felony of the third degree (correct)
  • Felony of the second degree
  • Misdemeanor of the first degree
  • Felony of the first degree

    • What is required for a law enforcement vehicle to be considered an authorized law enforcement patrol vehicle?

  • Agency insignia and jurisdictional markings prominently displayed on the vehicle
  • Siren and lights activated
  • Presence of a law enforcement officer in the vehicle
  • Both agency insignia and jurisdictional markings prominently displayed on the vehicle and siren and lights activated (correct)

    • What is the penalty for a person who willfully flees or attempts to elude a law enforcement officer and causes serious bodily injury or death to another person?

  • Felony of the third degree
  • Misdemeanor of the second degree
  • Felony of the first degree (correct)
  • Felony of the second degree

    • What is the penalty for a person who willfully flees or attempts to elude a law enforcement officer and drives at high speed or in a manner that demonstrates a wanton disregard for the safety of persons or property?

    <p>Felony of the second degree</p> Signup and view all the answers

    What is required for a person to be guilty of fleeing or attempting to elude a law enforcement officer?

    <p>Both the person must be ordered to stop by a duly authorized law enforcement officer and the person must willfully refuse or fail to stop the vehicle</p> Signup and view all the answers

    What sections of the Florida Statutes provide the punishment for fleeing or attempting to elude a law enforcement officer?

    <p>s. 775.082, s. 775.083, and s. 775.084</p> Signup and view all the answers

    What is the penalty for a person who willfully flees or attempts to elude a law enforcement officer in an authorized law enforcement patrol vehicle?

    <p>Felony of the third degree</p> Signup and view all the answers

    What is the requirement for the law enforcement officer’s vehicle in order for a person to be guilty of fleeing or attempting to elude?

    <p>The vehicle must have both agency insignia and jurisdictional markings prominently displayed on the vehicle and siren and lights activated</p> Signup and view all the answers

    What is the mandatory minimum sentence for a person convicted of aggravated fleeing or eluding with serious bodily injury or death?

    <p>3 years imprisonment</p> Signup and view all the answers

    What is the penalty for a person who willfully refuses or fails to stop in compliance with an order to stop by a duly authorized law enforcement officer?

    <p>Felony of the second degree</p> Signup and view all the answers

    What happens to the driver license of an operator of a motor vehicle convicted of a violation of this section?

    <p>It is revoked for a period of not less than 1 year nor exceeding 5 years</p> Signup and view all the answers

    What is the penalty for a person who causes serious bodily injury or death to another person while fleeing or eluding a law enforcement officer?

    <p>Felony of the first degree</p> Signup and view all the answers

    What happens to a motor vehicle involved in a violation of this section?

    <p>It is seized by a law enforcement agency and is subject to forfeiture</p> Signup and view all the answers

    What is the penalty for a person who causes injury to another person or causes damage to any property belonging to another person while fleeing or eluding a law enforcement officer?

    <p>Felony of the second degree</p> Signup and view all the answers

    Can a court suspend, defer, or withhold adjudication of guilt or imposition of sentence for any violation of this section?

    <p>No, under any circumstances</p> Signup and view all the answers

    Is a person convicted and sentenced to a mandatory minimum term of incarceration under paragraph (3)(b) or paragraph (4)(b) eligible for statutory gain-time?

    <p>No, under any circumstances</p> Signup and view all the answers

    What is the purpose of paragraph (5) of this section?

    <p>To revoke the driver license of an operator of a motor vehicle convicted of a violation</p> Signup and view all the answers

    What is the penalty for a person who willfully flees or eludes a law enforcement officer and causes damage to any property belonging to another person?

    <p>Felony of the second degree</p> Signup and view all the answers

    What is the key element that makes fleeing or attempting to elude a law enforcement officer a felony of the third degree?

    <p>The operator of the vehicle has knowledge that they have been ordered to stop by a duly authorized law enforcement officer.</p> Signup and view all the answers

    What happens if a person willfully flees or attempts to elude a law enforcement officer and drives at high speed or in a manner that demonstrates a wanton disregard for the safety of persons or property?

    <p>The person commits a felony of the second degree.</p> Signup and view all the answers

    What is the result if a person willfully flees or attempts to elude a law enforcement officer and causes serious bodily injury or death to another person?

    <p>The person commits a felony of the first degree.</p> Signup and view all the answers

    What is required for a person to be guilty of fleeing or attempting to elude a law enforcement officer?

    <p>The person must have knowledge that they have been ordered to stop by a duly authorized law enforcement officer.</p> Signup and view all the answers

    What is the consequence if a person willfully flees or attempts to elude a law enforcement officer?

    <p>The person will be convicted of a felony.</p> Signup and view all the answers

    What is the category of felony if a person flees or attempts to elude a law enforcement officer and drives at high speed or in a manner that demonstrates a wanton disregard for the safety of persons or property?

    <p>Felony of the second degree.</p> Signup and view all the answers

    What happens to a person who willfully flees or attempts to elude a law enforcement officer and causes serious bodily injury or death to another person?

    <p>The person will be punished as provided in s. 775.082, s. 775.083, or s. 775.084.</p> Signup and view all the answers

    What is the general category of crime for fleeing or attempting to elude a law enforcement officer?

    <p>Felony.</p> Signup and view all the answers

    What is the minimum sentence of imprisonment for a person convicted of committing aggravated fleeing or eluding?

    <p>3 years imprisonment</p> Signup and view all the answers

    What happens to the driver license of an operator of a motor vehicle convicted of a violation of this section?

    <p>It is revoked for a period not less than 1 year nor exceeding 5 years</p> Signup and view all the answers

    Can a person convicted and sentenced to a mandatory minimum term of incarceration under paragraph (3)(b) or paragraph (4)(b) be eligible for discretionary early release?

    <p>No, prior to serving the mandatory minimum sentence</p> Signup and view all the answers

    What happens to a motor vehicle involved in a violation of this section?

    <p>It is deemed to be contraband and is subject to forfeiture</p> Signup and view all the answers

    What is the penalty for a person who causes injury to another person or causes damage to any property belonging to another person while fleeing or eluding a law enforcement officer?

    <p>A felony of the second degree</p> Signup and view all the answers

    What is the condition for a person to be guilty of aggravated fleeing or eluding with serious bodily injury or death?

    <p>If the person causes serious bodily injury or death to another person</p> Signup and view all the answers

    What is the purpose of subsection (6) of this section?

    <p>To restrict the eligibility of a person for statutory gain-time or discretionary early release</p> Signup and view all the answers

    What is the relationship between the felony of aggravated fleeing or eluding and the felony of aggravated fleeing or eluding with serious bodily injury or death?

    <p>They are separate offenses for which a person may be charged</p> Signup and view all the answers

    Can a court impose a greater sentence of incarceration than the mandatory minimum sentence for a person convicted of aggravated fleeing or eluding with serious bodily injury or death?

    <p>Yes, the court can impose a greater sentence of incarceration as authorized by law</p> Signup and view all the answers

    What is the purpose of the order to stop given by a duly authorized law enforcement officer?

    <p>To prevent a person from fleeing or eluding</p> Signup and view all the answers

    Study Notes

    Fleeing or Attempting to Elude a Law Enforcement Officer

    • It is unlawful for a vehicle operator to willfully refuse or fail to stop their vehicle when ordered to do so by a law enforcement officer, or to flee in an attempt to elude the officer.
    • This violation is a felony of the third degree.

    Aggravated Fleeing or Eluding

    • Fleeing or attempting to elude a law enforcement officer in an authorized patrol vehicle with agency insignia and other jurisdictional markings prominently displayed, with siren and lights activated, is a felony of the third degree.
    • If the fleeing or attempted eluding involves high speed or wanton disregard for safety, it is a felony of the second degree.
    • If the fleeing or attempted eluding causes serious bodily injury or death to another person, including a law enforcement officer, it is a felony of the first degree, punishable by a mandatory minimum sentence of 3 years imprisonment.

    Unlawfully Leaving the Scene of a Crash

    • If an operator flees or attempts to elude an officer while leaving the scene of a crash, and causes injury to another person or damage to property, it is aggravated fleeing or eluding, a felony of the second degree.
    • If the fleeing or attempted eluding causes serious bodily injury or death to another person, it is aggravated fleeing or eluding with serious bodily injury or death, a felony of the first degree, punishable by a mandatory minimum sentence of 3 years imprisonment.

    Penalties and Consequences

    • A driver's license will be revoked for at least 1 year and up to 5 years for any operator convicted of fleeing or attempting to elude a law enforcement officer.
    • No court may suspend, defer, or withhold adjudication of guilt or imposition of sentence for any violation of this section.
    • A person convicted and sentenced to a mandatory minimum term of incarceration is not eligible for statutory gain-time or discretionary early release prior to serving the mandatory minimum sentence.
    • Any motor vehicle involved in a violation of this section is deemed contraband and may be seized and subject to forfeiture.

    Fleeing or Attempting to Elude a Law Enforcement Officer

    • It is unlawful for a vehicle operator to willfully refuse or fail to stop their vehicle when ordered to do so by a law enforcement officer, or to flee in an attempt to elude the officer.
    • This violation is a felony of the third degree.

    Aggravated Fleeing or Eluding

    • Fleeing or attempting to elude a law enforcement officer in an authorized patrol vehicle with agency insignia and other jurisdictional markings prominently displayed, with siren and lights activated, is a felony of the third degree.
    • If the fleeing or attempted eluding involves high speed or wanton disregard for safety, it is a felony of the second degree.
    • If the fleeing or attempted eluding causes serious bodily injury or death to another person, including a law enforcement officer, it is a felony of the first degree, punishable by a mandatory minimum sentence of 3 years imprisonment.

    Unlawfully Leaving the Scene of a Crash

    • If an operator flees or attempts to elude an officer while leaving the scene of a crash, and causes injury to another person or damage to property, it is aggravated fleeing or eluding, a felony of the second degree.
    • If the fleeing or attempted eluding causes serious bodily injury or death to another person, it is aggravated fleeing or eluding with serious bodily injury or death, a felony of the first degree, punishable by a mandatory minimum sentence of 3 years imprisonment.

    Penalties and Consequences

    • A driver's license will be revoked for at least 1 year and up to 5 years for any operator convicted of fleeing or attempting to elude a law enforcement officer.
    • No court may suspend, defer, or withhold adjudication of guilt or imposition of sentence for any violation of this section.
    • A person convicted and sentenced to a mandatory minimum term of incarceration is not eligible for statutory gain-time or discretionary early release prior to serving the mandatory minimum sentence.
    • Any motor vehicle involved in a violation of this section is deemed contraband and may be seized and subject to forfeiture.

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    Description

    This quiz covers the laws and penalties associated with fleeing or attempting to elude a law enforcement officer, including aggravated fleeing or eluding.

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