Driving in the Orlando area or elsewhere in Florida means agreeing to follow the rules of the road. Among these is the obligation to obey a police officer’s order to stop your vehicle or remain with the car during the stop. Police officers have the right to demand these stops if they have reasonable suspicion that a traffic violation or other crime has occurred. This includes being able to keep a person in place while investigating the matter.
Failing to stop when police officers activate their siren or lights can lead to charges alleging fleeing to elude a police officer in Orlando. Convictions under this law may lead to significant prison time, a mandatory loss of driver’s license, and will label you as a felon. Allowing a lawyer to handle your case of eluding an officer could decrease the chances of these outcomes.
As a general rule, drivers must obey a police officer’s demand that they stop their vehicle. However, most examples of this will fall under the category of simple evading of a police officer under state law.
Even so, state law provides a charge that alleged a more serious version of this activity. This is called fleeing to elude a police officer with lights and siren activated. According to Florida Statute § 316.1935 (2), this charge may result when a person fails to stop after an officer has turned on their siren or flashing lights. In addition, the officer attempting to make the stop must be inside a marked patrol vehicle.
An attorney could provide more information about what factors make eluding a police officer more serious under state law. Using this information, they could work to develop a defense centered around the use of lights or dispute whether the stopping vehicle had proper marks as a police patrol car.
Convictions under this statute are felonies of the third degree. This means that a court may impose a prison sentence of up to five years and order the payment of a fine of up to $5,000 after a conviction. In addition, the court must suspend a guilty party’s driver’s license for between one and five years.
Interestingly, these are the same potential penalties as those that apply to simple charges of eluding a police officer. It is crucial to recognize that these are the maximum available penalties, and a conviction for this particular charge is likely to convince a judge to apply harsher penalties within their area of discretion. For this reason, it is essential to obtain legal help after an arrest for fleeing to elude a police officer with siren and lights on in Orlando.
All allegations that you failed to stop your vehicle as required by a police officer are serious felony matters. Even so, cases that involve a marked police vehicle sounding its siren or flashing its lights are even more concerning. A judge is likely to impose a harsher penalty upon conviction or order a longer loss of license.
Hiring an experienced traffic attorney to handle a case of fleeing to elude a police officer with the siren and lights on in Orlando could help produce a viable defense. They are prepared to fully explain the laws that govern these cases and evaluate the prosecutor’s evidence to determine the best way of fighting the charges. Contact our team now to get started.
The Umansky Law Firm Criminal Defense & Injury Attorneys