Fleeing and Eluding a Police Officer in Miami

Dennis Gonzalez Jr. is a former Miami-Dade prosecutor who has been defending people since 2012. Our office answers 24 hours a day.

The Levels of the Charge (Fla. Stat. § 316.1935)

• Basic fleeing: knowing an officer ordered you to stop, you willfully refused or failed to stop, or you stopped and then willfully fled. Third-degree felony (up to 5 years and $5,000).
• Marked patrol car with siren and lights: willfully fleeing an officer in an authorized patrol vehicle with agency markings prominently displayed and siren and lights activated. Third-degree felony.
• Plus high speed or wanton disregard for safety: second-degree felony (up to 15 years and $10,000).
• Plus serious bodily injury or death to anyone, including a pursuing officer: first-degree felony (up to 30 years and $10,000) with a 3-year minimum mandatory prison sentence.
• Aggravated fleeing or eluding (fleeing an order to stop while leaving the scene of a crash): causing injury or property damage, second-degree felony; causing serious bodily injury or death, first-degree felony with a 3-year minimum mandatory. These are charged in addition to the leaving-the-scene offense. See Leaving the Scene of a Crash.

For every level: the court must revoke your license for 1 to 5 years, may not withhold adjudication, and the vehicle may be seized and forfeited. Since October 1, 2025, when fleeing is the main charge and your record has a prior fleeing violation, your scoresheet points are multiplied by 1.5.

What the State Must Prove

The serious and aggravated levels have their own jury instructions:

• 28.8(a): you drove on a Florida street or highway; knowing an officer had directed you to stop, you willfully fled; the officer was in a marked patrol vehicle with siren and lights activated; you drove at high speed or with wanton disregard for safety; and that caused death or serious bodily injury.
• 28.8(b) to 28.8(e): you were leaving the scene of a crash, an officer ordered you to stop, you knew it and willfully failed to stop or fled, and the fleeing caused the harm charged.

The basic levels are Instructions 28.6, 28.7 and 28.8.

Common Situations in Miami

• Driving on a suspended license and panicking when the lights come on.
• An unmarked car behind you at night, and no clear signal it was police.

How We Defend Fleeing Charges

• Did you know you were ordered to stop? Knowledge is part of every level. It is often the center of the defense.
• Was it willful? Looking for a safe place to pull over is not the same as fleeing.
• The car and the signals. The higher levels need a marked patrol vehicle with both siren and lights on.
• Speed and driving. "High speed" and "wanton disregard" are facts the State must prove. Video and GPS data often tell a different story.
• Causation and identity. Did your driving cause the injury? Were you even the driver?
• See also Resisting Arrest and Motions to Suppress.

What to Do First

1. Say nothing about the chase or why you drove off. Ask for a lawyer.
2. Save your phone's location data and any dash-cam video.
3. Call us before first appearance if you can. See Bond and Nebbia Hearings.

Why Choose Dennis Gonzalez Law, P.A.

• Former Miami-Dade prosecutor.
• Defending people since 2012.
• Super Lawyers recognition and an Avvo Rating of 10.0.
• Bilingual office — se habla español.
• We answer 24 hours a day. Call (305) 209-0384.

You can read about some of our past cases on our Results page.

Frequently Asked Questions

Is fleeing always a felony in Florida?

Yes. The lowest level is a third-degree felony.

Can I get a withhold of adjudication?

No. The statute bars the court from suspending, deferring or withholding adjudication of guilt or imposition of sentence for any fleeing violation.