Fleeing and Eluding

Fleeing or attempting to elude law enforcement under Florida Statute § 316.1935 means willfully refusing to stop a vehicle when ordered by a properly marked police officer. Basic fleeing is a third-degree felony (up to 5 years), aggravated forms — high speed, reckless driving, or crossing county lines — rise to second-degree felony with mandatory prison. Defenses include lack of willfulness, uncertainty that the pursuing vehicle was police, and duress or necessity arguments.

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