Western Branch Diesel Charleston Wv
The fleeing and eluding definition states that a law enforcement vehicle must have jurisdictional markings that are prominent and easy to see, with sirens and lights activated during their attempt to stop you. Despite how stressful this situation can be, it is in your best interest to pull over. However, if the driver initiated a high-speed chase or drove recklessly during the crime then the crime is enhanced to a second-degree felony. For this reason, the goal in many of these cases is getting the charges dropped or reduced to a less serious offense such as a misdemeanor charge of reckless driving. How to beat a fleeing and eluding charge in florida case. Special Program Results in Charges Being Dismissed. Canidate v. State, 4D16-4162 (Fla. 4th DCA 2018) The mere fact that the Defendant "weaved, " without more, is insufficient to show a conscious and intentional indifference to consequences in order to sustain a conviction for high speed or wanton fleeing pursuant to F. S. 316. After a thorough investigation by The Law Office of Robert David Malove, we were able to show that the State was unable to provide the witnesses stated in the discovery and could not provide videos taken the day of the arrest.
In fact, you could be charged with regular fleeing and eluding if you fail to come to a halt at the request of a law enforcement officer. Your family might not be able to survive if you are sent to prison, and finding a job once you are released might be all but impossible. Fleeing and Eluding Case Law. Note that driving at high-speed while fleeing and eluding is a more severe charge than simply fleeing in an attempt to evade the police. With the assistance of your St. Aggravated Fleeing and Eluding in South Florida | Fort Lauderdale. Petersburg traffic crimes defense attorney, you will be in a position to make craft a strong defense, and make informed decisions throughout the legal process. We will start charting out a sturdy defense structure to battle your charges.
After they verified the Client was okay, they asked him for a copy of his license and proceeded to ask him questions. Additionally, if you are looking to rent a house or apartment, it will be difficult. For the defense you need to fight your charge in West Palm Beach, schedule a free consultation by calling (561) 902-1122 or submitting an online contact form today. The Client refused to cooperate with the investigation and refused to perform Standard Field Sobriety Exercises and a breath test. Years of television have conditioned the average resident of Florida to believe that fleeing to elude always involves a high-speed car chase. If it is determined that you showed a wanton disregard for other people and their property, or were involved in serious bodily injury, or caused a death, you could face a first-degree felony. Especially in its aggravated form, where the fleeing to elude runs the risk of serious bodily injury or death. My client was arrested for a second DUI offense within 5 years and was facing mandatory jail time. The general offense of Fleeing & Eluding consists of three elements: - The defendant was operating a vehicle upon a street or highway in Florida; - A duly authorized law enforcement officer ordered the defendant to stop or remain stopped; and. All of the evidence obtained by the arresting officer was tossed out of court because the arresting officer wasn't personally involved in the traffic stop. Fleeing to Elude a Law Enforcement Officer. The Florida Supreme Court has recently held: that the fellow officer rule does not allow an officer who does not have firsthand knowledge of the traffic stop and was not involved in the investigation at that time to testify as to hearsay regarding what the initial officer who conducted the stop told him or her for the purpose of proving a violation of the traffic law so as to establish the validity of the initial stop. Based upon the observations of the Officer the Client was placed into handcuffs and arrested for DUI.
If a death occurs as a result of the crime, you may incur additional charges of vehicular manslaughter. We realized that it would be difficult for the State to prove the identity of our client since he was never stopped by the police during the course of the alleged fleeing and eluding. However, we will base your personal defense against the specific circumstances surrounding your arrest. Attorneys for Flee to Elude Law Enforcement in West Palm Beach, FL. Melinda Morris is a tactical defense attorney who will thoroughly review the facts of your case, and present evidence in a way that is most favorable to you. Needless to say, the client is ecstatic and we are thrilled to have one more happy and satisfied client. I think her request for continuance was denied even though I didn't object.
The Law Office of Robert David Malove was retained and we thoroughly reviewed the case file, discovery, and viewed the client's video of DUI arrest. They must have also activated the sirens on their vehicle. In order for an individual to be convicted of fleeing or eluding a police officer, the prosecution must be able to prove that defendant operated the vehicle with the intentions of fleeing or eluding, while the police officer had his or her sirens and lights activated. The Client told the officer that he consumed three beers and two alcoholic drinks. 1935 committed on or after this date require mandatory revocation of the offender's driving privilege. Penalties for Fleeing and Eluding. As a criminal charge, you may face trial by judge and jury. My client did not look like he was impaired on the video, but didn't want to risk a DUI conviction at trial and accepted the prosecutor's plea offer. Case ID: 14-13310CF10A Date: January 23, 2017. We can offer you free legal advice at no obligation, and the entire call will be protected by attorney-client privileges, even though it cost you nothing. Never face criminal charges in court alone- especially felony charges. The penalty for the aggravated version of the offense is enhanced to a second-degree felony which is punishable by fifteen (15) years in Florida State Prison. In this case the stop was unlawful as the moving from one lane to another was permitted as it was done with care and in a safe manner. How to beat a fleeing and eluding charge in florida online. In order to challenge these results, our office hired an expert in Laboratory medicine, Forensic Toxicology and Psychiatry to show that the unlawful breath results were not a valid breath sample due to the client suffering from diabetes which interfered with the accuracy of the breath results.
1935(3)(b), Fla. Stat. Client arrested for a Second DUI Offense Within 5 Years. Aggravated Fleeing and Eluding Defenses. It's also unlawful for a driver to willfully flee in an attempt to escape the officer. How to beat a fleeing and eluding charge in florida travel. If you or a family member have been charged with fleeing and eluding in Florida, you should seek legal representation as soon as possible. In Florida, fleeing or attempting to elude a law enforcement officer is always a felony offense, ranging from a third-degree to a first-degree felony charge. The cop kept asking my client while conducting his investigation what my client struck that caused the flat tire. My client was stopped after making a wide turn and because he was riding on the tire rim after getting a flat tire. Florida Three Strikes Law.