Fleeing or Eluding Law Enforcement Officer 316.1935

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Questions and Answers

What is the degree of felony for willfully fleeing or attempting to elude a law enforcement officer?

Misdemeanor

Felony of the first degree

Felony of the third degree (correct)

Felony of the second degree

What is the condition for a felony of the second degree for fleeing or attempting to elude a law enforcement officer?

Driving at high speed, or with a wanton disregard for the safety of persons or property (correct)

Not having siren and lights activated on the vehicle

Driving at a normal speed

Not having agency insignia and other jurisdictional markings on the vehicle

What is the condition for a felony of the first degree for fleeing or attempting to elude a law enforcement officer?

Driving at a normal speed

Causing serious bodily injury or death to another person (correct)

Driving at high speed, or with a wanton disregard for the safety of persons or property

Not having agency insignia and other jurisdictional markings on the vehicle

What must a law enforcement vehicle have prominently displayed to charge a person with a felony of the third degree?

Agency insignia and jurisdictional markings Signup and view all the answers

What is the punishment for a felony of the third degree for fleeing or attempting to elude a law enforcement officer?

Punishable as provided in s. 775.082, s. 775.083, or s. 775.084 Signup and view all the answers

Who can be charged with a felony of the third degree for fleeing or attempting to elude a law enforcement officer?

The operator of any vehicle 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?

The person must have knowledge that they have been ordered to stop Signup and view all the answers

What is the purpose of s. 775.082, s. 775.083, or s. 775.084 in relation to fleeing or attempting to elude a law enforcement officer?

To specify the punishment for a felony of the third degree Signup and view all the answers

What is the minimum sentence of imprisonment for a person convicted of committing the offense described in this paragraph?

3 years Signup and view all the answers

What is the maximum period for which a driver's license can be revoked for a violation of subsection (1), subsection (2), subsection (3), or subsection (4)?

5 years Signup and view all the answers

What is the punishment for a person who commits aggravated fleeing or eluding with serious bodily injury or death?

Felony of the first degree Signup and view all the answers

What is the punishment for a person who commits aggravated fleeing or eluding?

Felony of the second degree Signup and view all the answers

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

It is seized by a law enforcement agency Signup and view all the answers

What is the minimum period for which a driver license can be revoked for a violation of subsection (1), subsection (2), subsection (3), or subsection (4)?

1 year Signup and view all the answers

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

3 years 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?

No, under any circumstances Signup and view all the answers

What is the status of a vehicle not required to be titled under the laws of this state?

It is presumed to be the property of the person in possession of the vehicle Signup and view all the answers

What is the eligibility of a person convicted and sentenced to a mandatory minimum term of incarceration under paragraph (3)(b) or paragraph (4)(b)?

They are not eligible for statutory gain-time under s. 944.275 or any form of discretionary early release Signup and view all the answers

Study Notes

Fleeing or Attempting to Elude a Law Enforcement Officer

Unlawful for a vehicle operator to refuse or fail to stop when ordered by a law enforcement officer, punishable as a felony of the third degree.
Willfully fleeing or attempting to elude an officer in a marked patrol vehicle with siren and lights activated is also a felony of the third degree.

Aggravated Fleeing or Eluding

Fleeing or attempting to elude an officer while driving at high speed or demonstrating a wanton disregard for safety, punishable as a felony of the second degree.
Causing serious bodily injury or death to another person, including a law enforcement officer, while fleeing or attempting to elude, punishable as a felony of the first degree with a mandatory minimum sentence of 3 years imprisonment.

Leaving the Scene of a Crash

Unlawfully leaving or attempting to leave the scene of a crash, and then refusing to stop or fleeing from an officer, punishable as aggravated fleeing or eluding, a felony of the second degree.
Causing serious bodily injury or death to another person, including a law enforcement officer, while fleeing from the scene of a crash, punishable as aggravated fleeing or eluding with serious bodily injury or death, a felony of the first degree with a mandatory minimum sentence of 3 years imprisonment.

Penalties and Sentencing

Driver's license revocation for a period of 1-5 years for any conviction under this section.
Mandatory minimum sentence of 3 years imprisonment for certain offenses, with no eligibility for gain-time or discretionary early release.
Vehicles involved in violations of this section may be seized and subject to forfeiture.

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