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Officers of the law are not only allowed but encouraged to interact with suspects in a deceptive and dishonest manner. If the hearing officer approves your application for a hardship license with a specific restriction. Do not allow this to happen. Attorney for Felony Fleeing to Attempting to Elude in Tampa, Florida. The penalties for a first-degree felony include the following: - Up to 30 years in prison; Additional Resources. Lights/Sirens Activated with High Speeds or Reckless Driving: Knowingly ignoring an order to stop by law enforcement and attempting to elude the officer in an authorized vehicle with both lights and sirens on.
No Points No School No Court Or your money back*. For that, I don't have words to say "thank you" you were always kind and believed in me. This burden of proof lies with the government. Did you willfully refuse to stop? Video time control bar. State Abandons Charge After Unlawful Stop. But, we can make you one simple promise. Fleeing & Eluding an Officer Lawyer. My client was arrested for a second DUI offense within 5 years and was facing mandatory jail time. While all charges of fleeing and eluding in Florida are felonies, aggravated fleeing and eluding is much more serious. At Weinstein Legal, attorney Matt Shafran will work tirelessly on your case. It also helped that my client, a computer software company executive, performed the field sobriety exercises flawlessly and that his speech was clearly not slurred, contradicting police testimony. Subsection (4) of the statute, provided below, establishes the crimes of "aggravated fleeing or eluding" and "aggravated fleeing or eluding with serious bodily injury or death. It was a third- degree felony with a possible five-year prison sentence. Our client admitted that he had consumed one beer approximately 45 minutes prior and the officer requested that he participate in the Standard Field Sobriety Exercises, which our client complied.
1935(3)(b), Fla. Stat. Even if you did not actually harm anyone, a second-degree felony conviction of this kind could have a serious detrimental impact on the rest of your life. The officers also observed a bottle of red wine on the passenger floorboard and a glass of what appeared to be red wine in the center console. One such way that a good Florida lawyer may be able to get your charge reduced is to one of disobedience to police department officials. If you have been charged with fleeing to elude a Florida law enforcement officer, get in touch with our team at The Law Place today. How to beat a fleeing and eluding charge in florida 2022. What About Aggravated Fleeing to Elude a Law Enforcement Officer in Florida? The Court granted the Motion to Suppress in part based upon the two officers' discrepancies and contradictions in their testimony.
After the second continuance we had a final meeting with the State and based upon the arguments in the Motion to Suppress the State dismissed the DUI charge. In Gorsuch v. How to beat a fleeing and eluding charge in florida 2020. State, the defendant was stopped during a narcotic surveillance. 0 Superb Rating for Criminal Defense & Clients' Choice Award 2016 - 2023. What Does Florida Constitute as Fleeing to Elude Law Enforcement? Past President of the Palm Beach Association of Criminal Defense Lawyers. In Florida, Fleeing & Eluding an officer is the failure of a driver to stop or remain stopped after being ordered to do so by a duly authorized law enforcement officer.
A second argument in the Motion to Suppress argued the moment the officer took the keys from the client he seized the Client before he developed any probable cause to do so, therefore, violating the client's Fourth Amendment rights. The officer then proceeded to ask the Client biological questions and after his questions were answered the officer informed the Client he was concerned about his ability to operate a motor vehicle safely. My client is ecstatic and is looking forward to getting his criminal history sealed and expunged. However, with the help of The Law Place, you may be able to get your charges reduced to a third-degree charge or even dismissed entirely. If you have been charged with fleeing or eluding a law enforcement officer do not gamble with your future by showing up to court without an experienced lawyer. Criminal defense representation is not free. How to beat a fleeing and eluding charge in florida gambling. We suggested in argument that our client crashed while taking evasive action due to a car crossing over into her lane. The minimum mandatory sentence would be three years. It's a second-degree felony with up to 15 years of prison, plus probation and a fine of up to $10, 000. At the jury trial, I was able to discredit the reliability of the breath testing equipment on cross-examination of the State's so-called breath "expert" by demonstrating that the good science the breath testing equipment was based upon was being completely misapplied. State dismisses all charges! Upon exiting the vehicle, the Client was unsteady on her feet, smelled of alcohol and had larger than normal pupils.
Sarasota criminal defense attorney Erika Valcarcel of Erika Valcarcel, Criminal Defense Lawyer, P. realizes that the three strikes law imposes penalties that are harsh and unfair. Unfortunately, those convicted of fleeing and eluding will never be able to have the charge expunged or sealed in the future, which means it will always remain on your criminal record. He has handled thousands of criminal matters and has defended clients in over 50 trials.