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Basically stated, the Accident-Report Privilege says that drivers have a duty to tell the police how an accident that they were involved in occurred. My client was going through a rough divorce. At her Formal Review Hearing before the DHSMV the hearing officer found that the testimony of the police was contradicted by the video and set aside my client's DL suspension. Fleeing & Eluding an Officer Lawyer. But, we can make you one simple promise. The criminal charge of fleeing and eluding with the intention of evading the police is a serious criminal offense with serious criminal penalties under Florida law.

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Mandatory minimum sentence of 3 years imprisonment for aggravated charges. 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. If it is not apparent that the vehicle trying to stop you is law enforcement, you may have a great fleeing and eluding defense. How to beat a fleeing and eluding charge in florida using. You may receive these criminal charges any time you refuse or fail to stop your vehicle for law enforcement. 'Fleeing and Eluding: Sirens and Lights Activated' happens when a Florida law enforcement officer in an authorized patrol car with agency insignia and with sirens and lights activated attempts to pull over a driver, and they either willfully fail to stop or flee after stopping. Additionally, if you are looking to rent a house or apartment, it will be difficult. 1935 committed on or after this date require mandatory revocation of the offender's driving privilege. In this case, you'll be charged with a first-degree felony, which may result in: - A sentence of up to 30 years imprisonment, with a mandatory minimum of at least 3 years.

No Points No School No Court Or your money back*. Judge's Ruling Leads to Plea Offer. How to beat a fleeing and eluding charge in florida for a. Things did not look good, to say the least. A conviction for fleeing to elude a law enforcement officer without aggravating factors is a third-degree felony. The Client advised the officers that he was going to his girlfriend's house and while he was talking the officer could smell a strong odor of alcohol coming from his person. In addition, the doctor made many statements which showed that our expert's findings were plausible and that the defense had a good chance of getting an acquittal at trial. While gathering the Clients version of events the officer observed that our clients' eyes were red, bloodshot, and watery.

Do not risk your rights and freedom. Fleeing & Eluding Defense Attorney in Florida. Contact an attorney at Sammis Law Firm today to discuss your arrest for fleeing and attempting to elude a law enforcement officer in the Tampa Bay area, including Hillsborough County, Polk County, Pasco County, or Pinellas County, FL. Based on the officer's observations, the Client was arrested for DUI, and transported to the Broward County Jail. Rather than a felony case, this would simply be a second-degree misdemeanor.

How To Beat A Fleeing And Eluding Charge In Florida For A

As an interesting sidebar, the judge who issued the opinion in my case was none other than the Honorable Marilyn Milian of the highly successful syndicated TV show The People's Court. The officer observed that our client was seated in the driver's seat with the engine running, and the front tire was flat and there was damage to the car. You will not be eligible for early release from prison and must serve the full sentencing term. You could also lose your driver's license for a minimum of one year. The most effective way to work toward avoiding such consequences is to fight the charges aggressively from the start. How to beat a fleeing and eluding charge in florida video. With the potential of spending significant time behind bars, the sooner you align yourself with a qualified defense lawyer, the better chance you will have at developing a strategy that could help you maintain your freedom. CONSEQUENCES OF AGGRAVATED FLEEING AND ELUDING CRIMES IN FORT LAUDERDALE. The night before the hearing the prosecutor called me and offered my client a plea to careless driving, which isn't even a crime, it's a civil traffic infraction!

Committed to Fighting for You. I was surprised to see that this issue regarding the partition ratio was not yet settled in Arizona, since I had obtained an opinion here in Florida crucifying the State for attempting to keep this highly relevant and important information from the jury. In order to give yourself the best chance at maintaining your freedom, call Morris Law Firm, P. A. today at (727) 592-5885 to schedule a free consultation on your fleeing and eluding charges. Minimum sentence guidelines for aggravated fleeing and eluding that result in bodily harm or death mandate three years in prison. Based on the officer's investigation, our client was placed under arrest. Fleeing to Elude a Law Enforcement Officer. My health is great and my family life is amazing.

But what might have been explained as being caused by his CP, my client was quick to volunteer having just left a bar where he had 4-vodkas. Many times, the prosecution will attempt to enhance the charges against defendants in an attempt to either subject him or her to more significant penalties or use it as leverage to pressure the defendant into accepting a plea deal. An attorney who will not stop fighting for your rights no matter what. Once all of the details are gathered, your case can be presented in the best possible light. Depending on the severity of the offense, a defendant could face a simple or an aggravated charge of fleeing and eluding in Florida. The officer approached the vehicle and pounded on the window, waking the driver. The officer again attempted to pull the Client over by activating the steady siren. My client was stopped by Broward County Deputy Sheriffs despite the fact that he had committed no traffic violations. Do they have the right person?

How To Beat A Fleeing And Eluding Charge In Florida Video

They may sentence you to a much longer term. Other firms call them consultations, but we do things differently around here. If the officer activated their lights and sirens, then the crime is still considered a third-degree felony. If you are caught fleeing and eluding for any reason, you could face serious consequences for your actions. Additionally, without an attorney's guidance, it is extremely easy to accidentally implicate yourself, which could be held against you in a trial. Mr. Shafran is a former prosecutor, which means he is well-versed in tactics that the opposing side will use in an attempt to convict you. Case ID: 14-13310CF10A Date: January 23, 2017. They must also use their vehicle's sirens and have been wearing full and official police uniform. 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. The accused did not, in fact, have any intention to flee from the law enforcement officer.

Was the alleged order to stop clearly communicated to you? It is punishable by up to 15 years of imprisonment, up to 15 years of probation, and/or a fine of up to $10, 000. Earlier this month, the Supreme Court of Arizona took up the issue of whether partition ratio evidence is admissible in a prosecution for DWI (Driving While Intoxicated, Arizona's version of Florida's DUI offense). A felony conviction for fleeing and eluding in Florida is not one to take lightly. Mandatory jail time and all of the other punishments were avoided.

With siren and lights activated. How Much Will Legal Representation From an Attorney at The Law Place in Florida Cost You? A hearing was set for the Motion to Suppress, however on the morning of that hearing the State agreed to reduce the DUI to reckless driving. With our help, you can finally feel at ease knowing your defense is being handled. You may be unable to commute to work and lose your job, be unable to get yourself and your children to appointments and obligations, and have a difficult time completing basic everyday errands and tasks. The three strikes law is one that targets so-called "career criminals" or three-time offenders. All Fleeing & Eluding charges require a mandatory adjudication of guilt and driver's license revocation. Generally, a defendant in a traffic case can argue the officer lacked reasonable suspicion to initiate a stop, but this does not apply to cases where the defendant failed to follow the order to stop. If you are facing charges of fleeing to elude or aggravated fleeing to elude a law enforcement officer, we can help you with your case. Case ID: 18004758MU10A Date: November 5, 2019. During the free and confidential consultation, we can help you understand the charges pending against you, the potential penalties, and the best ways to fight the case aggressively. 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. Even if the vehicle belongs to another person, and you were driving, it will be deemed contraband and seized by law enforcement. The law books describe it as the police having to make it clear that the police are switching hats and changing roles.

Our office was able to show the State that our client was likely not driving under the influence and we were able to show the State that the numbers were not accurate and that our client was actually suffering from a diabetic episode at the time he was driving. Before commencing trial, I submitted a motion to suppress evidence on the grounds that the stop of his motor vehicle was an unlawful seizure in violation of the U. S. and Florida Constitutions since the stop conducted was without any legal justification. The officer smelled an odor of alcohol coming from the Clients breathe. Here at The Law Place in Tampa, we have amassed 75 years of combined experience between our team defending our clients. The Client was asked to perform standardized field sobriety exercises, the driver advised the officer that he was disoriented from the crash and felt it was not fair to conduct the exercises. After conversations with Tom, who knew I would settle for nothing less than a FULL DISMISSAL due to my innocence, I hired him. Subsection (3)(b) – Fleeing to elude an officer (siren and lights.

Prompt and decisive action from your defense attorney is of critical importance. A second officer arrived and also thought my client might be impaired from some kind of controlled substance. Read our case results to find out how we have successfully represented others just like you in these situations. You will work with your attorney one-on-one at every stage of the process. In this case, you will be looking at a mandatory minimum of a third-degree felony charge. Penalties for Aggravated Fleeing and Attempting to Elude.