If you have been accused of Fleeing Attempting to Elude (FATE) or other serious Criminal Traffic charge in Orange, Osceola, Seminole, Brevard or Volusia County, then you should give me a call.
FATE started out years ago as a misdemeanor, however since 2003, due to the legislature yielding to lobbying pressures, FATE now starts out the gate as a 3rd degree Felony with additional penalties.
Generally, FATE alleges that the driver, having knowledge of an order to stop the vehicle by Law Enforcement fails/refuses to stop or having stopped then willfully flees in an attempt to elude. Please note the Statute link below for greater detail.
The relevant Florida Statute is:
Florida Statute 316.1935
FATE sentencing range as a 3rd degree Felony is up to 5 years in prison, up to 5 year Supervised Probation, up to a $5000 fine.
Aggravated FATE is the general definition coupled with “high speed” or causing injury to person or property which may be charged as a 2nd degree Felony punishable by up to 15 years in Prison, up to 15 years Supervised Probation, up to a $10,000 fine.
Aggravated FATE coupled with high speed and actually causes serious bodily harm or death is a 1st degree Felony punishable by a mandatory minimum of 3 years and up to 30 years in Prison, up to 30 years Supervised Probation, up to a $10,000 fine.
In addition to the above, the legislature requires the Courts to Adjudicate Guilt, no withholds allowed, to insure a convicted felon status
The legislature also requires the Courts to order 1 to 5 years DL suspension.
As if all that wasn’t enough, the legislature decided to make the vehicle involved subject to forfeiture.
Case analysis is fact intensive; there may be defenses to the charge contained within the facts of your case. The Government or Law Enforcement may have made constitutional or procedural errors in your case, which could lead to a reduction of charge or penalty or even dismissal of the charge against you.
It is a fact that not everyone charged with FATE gets convicted of FATE.
You need to discuss the facts of your case with an experienced criminal traffic Attorney to determine the best way to proceed. I have over 20 years experience with Criminal Traffic cases.