Results 1 to 10 of 10

Hybrid View

  1. #1

    Default Aggravated Fleeing to Elude Police Officer

    State Is FLORIDA

    Statute: http://www.leg.state.fl.us/statutes/...16/SEC1935.HTM


    Question: I was charged with this crime and in the arrest report it states that the officer needs to have his sirens and his lights on.. In my arrest report the officer clearly states he only had his lights on.. Does that mean I cannot be charged with this? Also it says in order to be charged with "Aggravated" you need to be at a high rate of speed.. The officer said "Approximately 100 mph" he didnt know the actual speed.. Thank you for your help guys.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Aggregated Fleeing to Elude Police Officer

    You were charged with which subsection? Subsection 4? Subsections 1 and 4 do not require that the lights be on.

  3. #3

    Default Re: Aggregated Fleeing to Elude Police Officer

    (3) Any person who willfully flees or attempts to elude a law enforcement officer in an authorized law enforcement patrol vehicle, with agency insignia and other jurisdictional markings prominently displayed on the vehicle, with siren and lights activated, and during the course of the fleeing or attempted eluding:

    (a) Drives at high speed, or in any manner which demonstrates a wanton disregard for the safety of persons or property, commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Aggregated Fleeing to Elude Police Officer

    Congratulations on finding subsection 3. Now if it's not too much trouble, answer the question.

  5. #5

    Default Re: Aggregated Fleeing to Elude Police Officer

    Was charged with Subsection 3 (a)

  6. #6
    Join Date
    Sep 2009
    Location
    Virginia
    Posts
    11

    Default Re: Aggravated Fleeing to Elude Police Officer

    In most cases lights or sirens must be on. You were traveling at a high rate of speed to avoid the officer (which you obviously saw). So your excuse is totally invalid.

    And if you were driving at around 100 mph...you were driving recklessly. The officer does not have to have an exact number. You are obviously guilty.

    You are not getting out of this one. You're grasping for everything that might help you, but nothing that you have found will do anything but aggravate the judge who is going to have to argue this with you. You're in trouble..You better start dealing with it.

  7. #7
    Join Date
    Oct 2008
    Location
    Washington comma the Great State of.
    Posts
    1,211

    Default Re: Aggravated Fleeing to Elude Police Officer

    Quote Quoting killwhatyouadore
    View Post
    In most cases lights or sirens must be on. You were traveling at a high rate of speed to avoid the officer (which you obviously saw). So your excuse is totally invalid.

    And if you were driving at around 100 mph...you were driving recklessly. The officer does not have to have an exact number. You are obviously guilty.

    You are not getting out of this one. You're grasping for everything that might help you, but nothing that you have found will do anything but aggravate the judge who is going to have to argue this with you. You're in trouble..You better start dealing with it.
    So, you're saying even the obviously guilty aren't entitled to the force the state to prove each element of each offense charged? Because, that's all you've said here: you're guilty, go to jail now.

    OP: please answer Mr. K's question; he's asking for a reason.

  8. #8

    Default Re: Aggravated Fleeing to Elude Police Officer

    The accused was traveling in the opposite lane while the officer was in the other lane going the other direction.. The cop says the accused was going 70 mph in a 50 mph zone.. The cop crossed into the motorcycles lane with lights active but no siren.. The bike continued on going around the officer and leaving at a high rate of speed which the deputy said "APPROXIMATELY MPH which means hes guessing".. The bike gets away but a citizen approaches police asking if they are looking for a motorcycle, They say yes and then proceed to search the sub-division where the citizen says he seen the bike go into.. In a search of the area they locate a motorcycle fitting the description of the bike that they say ran.. They confront the driver who is inside the residence doing a computer job for the home owner, They take the accused outside and attempt to talk to him but he invokes his right to remain silent they do a review of the dash camera then arrest and seize the motorcycle..

    In review the the Dept's pursuit policy the deputy clearly violated the policy by giving chase to a non-violent felony, Would that constitute a dismissal..? And also in the statue it clearly states that LIGHTS and SIRENS must be active.. I'm hoping maybe this can be drooped to a reckless driving or worse case regular fleeing to elude but not the 2nd Degree felony of AGGRAVATED which is in the same class as hit and run with serious injury and such..

  9. #9
    Join Date
    Mar 2009
    Location
    Oregon now, but will probably end up back in Nevada someday
    Posts
    241

    Default Re: Aggravated Fleeing to Elude Police Officer

    In review the the Dept's pursuit policy the deputy clearly violated the policy by giving chase to a non-violent felony, Would that constitute a dismissal..?
    If he violated his department's policy, he may get in some trouble with his department. However, that would not reduce or dismiss your charge(s).

  10. #10
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Aggravated Fleeing to Elude Police Officer

    The police report isn't evidence. As it appears that the officer's vehicle had video, the video should document if and when the siren was on.
    Quote Quoting Steil v State, 974 So. 2d 589 (Fla 4th DCA 2008)
    Aggravated fleeing requires that the pursuing officer has lights and sirens on. In this case the officer testified that he did not have them on during most of the pursuit. We conclude that there was insufficient evidence of "high speed" or "wanton disregard," while the lights and siren were on, to support the conviction of aggravated fleeing. We accordingly reverse and remand for the court to reduce the conviction to fleeing as defined in section 316.1935(1) or (2), Florida Statutes, a third degree felony.

    1. Sponsored Links
       

Similar Threads

  1. Assault & Battery: Aggravated Assault Against a Police Officer
    By AndrewO in forum Criminal Charges
    Replies: 14
    Last Post: 06-09-2011, 09:03 PM
  2. Resisting Arrest: Aggravated Fleeing to Elude
    By annat1234 in forum Criminal Charges
    Replies: 1
    Last Post: 09-26-2009, 07:57 AM
  3. Resisting Arrest: Aggravated Fleeing or Attempting to Elude a Law Enforcement Officer
    By thugkill3r in forum Criminal Charges
    Replies: 2
    Last Post: 08-28-2009, 09:59 AM
  4. Resisting Arrest: Fleeing to Elude Officer
    By cablefast in forum Criminal Charges
    Replies: 1
    Last Post: 06-03-2006, 06:21 AM
  5. Assault & Battery: Aggravated assault against a police officer in Texas
    By petertexas123 in forum Criminal Charges
    Replies: 1
    Last Post: 09-03-2005, 12:25 PM
 
 
Sponsored Links

Legal Help, Information and Resources