Miami Fleeing and Eluding Lawyer
As a Miami fleeing and eluding lawyer, Dustin Tischler defends clients facing serious felony charges for attempting to evade law enforcement. Under Florida law, these charges carry mandatory prison time in certain cases and can have life-changing consequences. Whether you’re accused of not stopping immediately or causing injury during a high-speed pursuit, you need an experienced defense attorney who understands how to fight these allegations in and out of court.
Understanding Fleeing and Eluding Charges in Florida:
Florida Statute 316.1935 defines multiple degrees of fleeing or attempting to elude a law enforcement officer. These offenses occur when a person willfully fails to stop or flees after being ordered to stop by a clearly identified officer.
Under Florida Statute 825.102, elder abuse includes a wide range of intentional actions that may cause physical or psychological harm to elderly individuals (aged 60+) or disabled adults.
Degrees of Offense:
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316.1935(1) – Third-degree felony for refusing to stop when ordered by law enforcement.
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316.1935(2) – Third-degree felony for fleeing from a marked police vehicle with lights and sirens activated.
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316.1935(3)(a) – Second-degree felony for fleeing at high speeds or with wanton disregard for safety.
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316.1935(3)(b) – First-degree felony if fleeing results in serious bodily injury or death (mandatory 3-year minimum sentence).
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316.1935(4) – Applies when a person flees after leaving the scene of a crash and causes injury or death.
These charges often escalate based on intent, speed, injury, and prior criminal history.
Types of Fleeing and Eluding Cases We Handle in Miami:
At Dustin Tischler Law, we represent clients charged with:
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Failing to stop during a routine traffic stop
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Evading law enforcement during a vehicle pursuit
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High-speed police chases involving reckless driving
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Fleeing after a hit-and-run or crash
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Causing injury to others while attempting to flee
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Aggravated fleeing or eluding with serious bodily injury or death
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Wrongful accusations due to mistaken identity or lack of intent
How Dustin Tischler Can Help With Fleeing and Eluding Charges in Miami:
As a seasoned Miami fleeing and eluding lawyer, Dustin Tischler builds powerful defenses by analyzing dashcam footage, police reports, GPS data, and eyewitness testimony.
We help by:
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Investigating whether the officer’s order to stop was lawful and clearly communicated
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Examining video evidence for procedural or factual inconsistencies
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Demonstrating lack of intent to flee or non-awareness of pursuit
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Arguing that you stopped safely when able
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Negotiating reduced charges or pre-trial diversion when possible
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Fighting for acquittal at trial if evidence is insufficient
These charges require a focused legal response to avoid prison, license suspension, and a lifelong felony record.
Defense Strategies From a Miami Fleeing and Eluding Lawyer
Fleeing and eluding cases are often based on officer discretion and can be challenged with the right evidence. We craft custom defenses such as:
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Lack of willful intent – You were unaware of the order to stop or feared for your safety
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Emergency or medical reasons for not stopping immediately
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Insufficient probable cause for the stop
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Confusion during pursuit – such as unclear commands or obstructed signals
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Mistaken identity – someone else was driving the vehicle at the time
Our goal is to reduce or dismiss charges before they result in serious criminal penalties.
Get Legal Help From a Miami Fleeing and Eluding Lawyer
These are not minor traffic offenses—they’re felonies that can change your life. If you’re facing a fleeing and eluding charge in Florida, don’t wait to build your defense.
At Dustin Tischler Law, we understand the high stakes and act quickly to protect your future and freedom.
Click below to schedule a confidential consultation with a trusted Miami fleeing and eluding lawyer today.
What is considered fleeing or eluding law enforcement in Florida?
Willfully refusing to stop when ordered by police or attempting to escape after stopping, especially from a clearly marked police vehicle with lights and sirens.
Is fleeing and eluding a felony?
Yes. It ranges from a third-degree felony to a first-degree felony if injury or death results during the act.
What are the penalties for fleeing from police in Miami?
Depending on the charge level:
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3rd-degree felony: Up to 5 years in prison
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2nd-degree felony: Up to 15 years
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1st-degree felony: Up to 30 years with a 3-year minimum if serious injury or death occurs
Can I fight a fleeing and eluding charge?
Yes. We may challenge whether you knowingly fled, the clarity of the officer’s command, or whether your actions fit the legal definition of fleeing under 316.1935.
Will my license be suspended?
Yes. A conviction typically results in mandatory driver’s license revocation for at least 1 year.
