All offense dealing with Fleeing and Eluding a Police Officer are now treated as at least a third degree felony punishable by up to five years in the State prison or a $5,000.00 fine. Furthermore, Florida law now requires a person found guilty of any Fleeing and Eluding offense to automatically be adjudicated guilty as a felon. This adjudication means a lifetime criminal record as a convicted felon. In addition, the person’s license is automatically suspended for a minimum period of two years. The Florida Legislature has also imposed certain aggravating factors which can result in the punishment being drastically increased. For example, if a driver is accused of recklessly driving during the pursuit, then the offense is punishable as a second degree felony by up to fifteen years in State prison. Furthermore, being involved in an accident during a Fleeing and Eluding offense can also result in the elevation of the criminal charges. Considering only several years ago that the most severe punishment for these offenses was only one year in the County Jail, the Florida Legislature’s intent of severely punishing persons charged with these offenses is quite clear.
A person charged with Reckless Driving is initially looking at a hybrid misdemeanor offense. However, again, the Florida Legislature has seen fit to elevate the potential for punishment if a person has a prior history of Reckless Driving or, if during the offense of Reckless Driving, accidents or injury occur.
Persons charged under this statute are facing a first degree misdemeanor, punishable by a maximum of up to one year in the County Jail. However, Florida Statutes now additionally require an automatic revocation of a person’s driver’s license for one year for a first offense and up to two years for a second or repeat offense. Again, this elevation of penalties by the Florida Legislature is clearly one that is followed by the State Attorney’s Offices throughout the State of Florida. The State Attorney’s Office will aggressively pursue this charge in view of the possible ramifications that could have occurred during these offenses.
Clients charged with Leaving Scene of Accident can be facing a first degree misdemeanor, punishable by up to one year in the County Jail or even the possibility of being charged with a third degree felony if serious personal injury occurred. Additionally, being involved in any type of automobile accident brings about numerous other issues that need to thoroughly be investigated. Issues involving insurance, restitution and the amount of a person’s personal injuries during the accident always arise in defending these cases. This firm has years of experience in assisting clients with these types of serious traffic offenses. Again, please feel free to contact this office to make an appointment so we can discuss any of these serious traffic offenses that you may be charged with.
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Attorney Brian Gabriel of Gabriel & Gabriel focuses in criminal defense. We handle all criminal defense matters including DUI, narcotics offenses, violent offenses, sexual offenses, domestic violence offenses, juvenile offenses, serious traffic offenses, as well as appeals, drivers license suspension and violation of parole/probation issues.
Serving all counties in the State of Florida including Palm Beach, Martin, St. Lucie and Broward Counties.
Law Office of Gabriel & Gabriel, LLC
4601 Military Trail, Suite 206
Jupiter, FL 33458
Phone: (561) 622-5575
Fax: (561) 694-8116
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