Fleeing and Eluding - Law Office of W.F. "Casey" Ebsary Jr.

TRAF3039 Fleeing and Attempting to Elude a Police Officer

W.F. ''Casey'' Ebsary Jr. — Sat, 18 Jul 2026 17:01:25 GMT

In this video, Watch how law enforcement during a Hillsborough County Florida Fleeing and Attempting to Elude chase deploys traffic stop sticks to bring a dangerous situation to an end, culminating in a dramatic crash and K9 apprehension.

Fleeing and Attempting to Elude a Police Officer – TRAF3039

If you have been charged with TRAF3039 Fleeing and Attempting to Elude a Police Officer, call Tampa Criminal Defense Attorney W.F. “Casey” Ebsary Jr. at (813) 222-2220 or contact us online.

🔍 What is Fleeing and Attempting to Elude a Police Officer (TRAF3039)?

TRAF3039 refers to charges filed under Florida Statute 316.1935(1), which makes it a third-degree felony to intentionally flee or attempt to elude a law enforcement officer after being ordered to stop.

“It is unlawful… to willfully refuse or fail to stop… or… to flee in an attempt to elude…” — Florida Statute § 316.1935(1)

📌 Quick Facts

Detail	Information
Form Code	TRAF3039
Statute	316.1935(1), Florida Statutes
Offense	Fleeing and Attempting to Elude a Police Officer
Degree	Third-Degree Felony
Punishment	Up to 5 years in prison
County	Common in Hillsborough County, FL

❓Frequently Asked Questions (FAQ)

⚖️ What are the penalties for Fleeing and Attempting to Elude in Florida?

A third-degree felony under § 316.1935(1) is punishable by:

Up to 5 years in prison
Up to 5 years probation
Up to $5,000 in fines
Felony conviction on your record
Possible driver’s license suspension

§ 775.082, § 775.083, § 775.084 – Florida Statutes provide the legal framework for felony sentencing.

🛑 What does “willfully flee” mean under the law?

“Willfully” means intentional and knowing refusal to stop after being ordered by police. You may be charged even if:

You drove away slowly but deliberately
You stopped, then sped off
You ignored lights and sirens

Intent matters. A mistake, fear, or panic could be raised as a defense.

🚔 How does the prosecution prove this charge?

To convict under § 316.1935(1), the State must prove:
You were driving a vehicle
A law enforcement officer gave a lawful stop order
You knew about the order
You willfully refused to stop or fled
Dashcam footage, police testimony, and GPS data often serve as evidence.

⚠️ Are there harsher penalties for aggravated fleeing?

Yes. If during the act of fleeing you:

Drive at high speed or recklessly → Felony of the second degree
Cause injury or death → Felony of the first degree

See § 316.1935(3) and (4) for aggravated fleeing penalties.

📍 Is this charge common in Hillsborough County?

Yes. Tampa and Hillsborough County law enforcement aggressively prosecute fleeing and eluding. TRAF3039 charges frequently appear in:

High-speed chases
DUI stops
Traffic checkpoints
Suspected stolen vehicle stops

If you’ve been charged, speak to a Tampa Criminal Defense Attorney right away.
📞 Call now: (813) 222-2220
💼 Schedule a free consultation

📉 What are the defenses to fleeing and eluding?

Top 5 defenses include:

Top 5

🚫 Lack of knowledge (did not know it was police)
❌ No lawful stop order was given
❗ Medical or mental emergency
🛑 Mistaken identity or driver
😱 Fear for safety (e.g., isolated road, unmarked vehicle)

A defense attorney can investigate dashcam footage, radio logs, and witness statements.

🧑‍⚖️ What are my options if charged?

Depending on the facts:

Motion to Dismiss (lack of evidence)
Pretrial Diversion
Plea to lesser offense
Trial
Withhold of adjudication (no felony conviction)

Contact Attorney W.F. “Casey” Ebsary to discuss tailored strategies to avoid prison and preserve your record.

🔗 Meet Your Attorney – W.F. Casey Ebsary Jr.

📽️ What should I do immediately after being charged?

Do not speak to police without legal counsel
Collect all documents: citations, bond, notice to appear
Request discovery to review video/audio evidence
Hire a criminal defense attorney

📊 Penalty Chart for § 316.1935(1) Fleeing and Eluding

Offense	Degree	Prison	Fine	License Suspension
Fleeing w/o injury	3rd Degree	Up to 5 yrs	Up to $5,000	Up to 1 year
Reckless fleeing	2nd Degree	Up to 15 yrs	Up to $10,000	1-5 years
Injury or death	1st Degree	Up to 30 yrs	Up to $10,000	Mandatory 5 yrs

📺 Video: Understanding Florida’s Fleeing and Eluding Law

“Fleeing from Police in Florida – What You Need to Know”]
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🧭 Resources & Legal References

✅ Why Hire Attorney W.F. “Casey” Ebsary Jr.?

📍 Based in Tampa, FL
⚖️ Board-Certified Criminal Trial Lawyer
🧠 Tech-savvy and experienced in digital evidence
📝 Decades of experience in State and Federal courtrooms

📅 Schedule a Free Case Review
👨‍💼 Read Attorney Bio

📞 Call Today

Don’t face a felony charge alone. If you’ve been accused of Fleeing and Eluding in Florida under TRAF3039, Attorney Casey Ebsary is ready to help.

📞 (813) 222-2220
💼 https://www.centrallaw.com/contact-us/

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Original Post Updated to 2025 See Above TRAF3039 Fleeing and Attempting to Elude a Police Officer

FLEEING AND ATTEMPTING TO ELUDE

If you have been charged with TRAF3039 FLEEING AND ATTEMPTING TO ELUDE A POLICE OFFICER you can call a Tampa Criminal Defense Attorney at (813) 222-2220 and tell me your story.

Form Code: TRAF3039
Florida Statute: 316.1935.1
Level: Fel (Felony)
Degree: 3rd

Description: FLEEING AND ATTEMPTING TO ELUDE A POLICE OFFICER

TRAF3039 FLEEING AND ATTEMPTING TO ELUDE A POLICE OFFICER is often charged in Hillsborough County, Florida.

Title XXIII MOTOR VEHICLES

Chapter 316 STATE UNIFORM TRAFFIC CONTROL

316.1935 Fleeing or attempting to elude a law enforcement officer; aggravated fleeing or eluding.

(1) It is unlawful for the operator of any vehicle, having knowledge that he or she has been ordered to stop such vehicle by a duly authorized law enforcement officer, willfully to refuse or fail to stop the vehicle in compliance with such order or, having stopped in knowing compliance with such order, willfully to flee in an attempt to elude the officer, and a person who violates this subsection commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

316.1935 Cracks Down on Fleeing and Eluding

W.F. ''Casey'' Ebsary Jr. — Tue, 30 Sep 2025 15:46:04 GMT

Florida 316.1935 Cracks Down on Fleeing and Eluding — HB 113 Turns Hesitation Into a Felony

Attorney W.F. “Casey” Ebsary Jr., a Board-Certified Criminal Trial Lawyer in Florida, is already defending clients charged under Florida’s expanded fleeing and eluding law 316.1935. HB 113 (House Bill 113 jargon for new law in Florida), effective in 2025, significantly increases penalties for anyone who fails to stop when directed by law enforcement. These changes affect everything from slow-speed evasions to high-speed chases, including motorcycles, ATVs, golf carts, and other off-road vehicles.

Flee Elude 316.1935

Whether a driver panicked, misunderstood police instructions, or made a split-second judgment call, HB 113 now elevates nearly all attempts to flee law enforcement into serious felony offenses with harsher prison exposure.

Attorney Casey Ebsary has long represented individuals charged under Florida Statute §316.1935 — Fleeing or Attempting to Elude a Law Enforcement Officer — and his experience positions him to navigate the new complexities introduced by HB 113.

What HB 113 Means for Florida Drivers

HB 113 enhances penalties and expands the scope of Florida’s fleeing and eluding statute. Key takeaways include:

Increased penalties at all levels of fleeing or eluding, not only high-speed chases.
Expanded definitions of “fleeing,” including delayed compliance or slow-speed evasion.
Encouragement for prosecutors to seek jail or prison time rather than probation.
Potential expansion of vehicle forfeiture authority in intentional fleeing cases.

Even first-time offenders now face longer prison terms and reduced chances for probation or withhold of adjudication.

Florida Statute §316.1935 — Fleeing or Attempting to Elude

Reference: Florida Statute §316.1935 on Justia

Fleeing Level	Current Charge	Maximum Penalty (Pre-HB 113)
Failure to Stop (Lights/Siren On)	3rd Degree Felony	Up to 5 Years
Fleeing with High-Speed or Reckless Driving	2nd Degree Felony	Up to 15 Years
Fleeing Resulting in Serious Injury or Death	1st Degree Felony	Up to 30 Years

HB 113 changes the enforcement landscape by pushing prosecutors and judges toward mandatory incarceration, even in cases where no injury occurs.

Updated Penalty Structure Under HB 113

Offense Type	Old Law (Pre-HB 113)	New Law (Post-HB 113)
Slow-Speed Fleeing / Failure to Stop Immediately	3rd Degree Felony — Often Probation-Eligible	3rd Degree Felony — More Likely to Involve Jail Time
High-Speed Fleeing Without Injury	2nd Degree Felony — Up to 15 Years	2nd Degree Felony — Judges Encouraged to Impose Prison Terms
Fleeing Resulting in Injury or Death	1st Degree Felony — Up to 30 Years	1st Degree Felony — Greater Likelihood of Maximum Sentencing
Motorcycles / ATVs / Golf Carts / Off-Road Vehicles	Sometimes Treated with Leniency	Now Clearly Covered Under HB 113’s Expansion

Bottom line: Even brief hesitation or delayed stopping can trigger serious felony exposure.

316.1935 Infographic – Florida Fleeing & Attempting to Elude Law Enforcement

Florida Fleeing & Attempting to Elude Law Enforcement

What Counts as “Fleeing”

Missed police lights or delayed recognition
Pulling over at a “safe” location instead of immediately
Panic or uncertainty while driving
Motorcycle or ATV hesitation on highway
Unmarked vehicle confusion

Top Defense Strategies

No clear signal to stop
Stopping safely ≠ evasion
Unmarked vehicles create reasonable doubt
Medical or mechanical emergencies

Call Attorney W.F. “Casey” Ebsary Jr. at (813) 222-2220 — Protect your freedom, driving record, and reputation today.

What Counts as Fleeing Under HB 113?

Many drivers are surprised by how broadly Florida now defines “fleeing”:

You do not need to be in a high-speed chase.
Delayed compliance or slow-speed evasion may be treated as felony conduct.
HB 113 applies to all vehicles, including motorcycles, golf carts, and off-road ATVs.

Intent matters less than actual behavior: a few seconds of hesitation can lead to a criminal charge.

Top 5 Defense Strategies for 316.1935 Cases

Top 5 Defenses

Attorney Ebsary emphasizes that every fleeing charge must be proven beyond a reasonable doubt. Potential defense approaches include:

No Clear Signal to Stop – Lights or sirens may not have been visible or audible.
Stopping in a Safe Location – Delayed compliance can be framed as safety-conscious, not evasion.
Unmarked Vehicle Confusion – Following unmarked or poorly identified vehicles can create reasonable doubt.
Medical or Mechanical Emergency – Emergencies can negate criminal intent.
Minimal Speed or Traffic Constraints – Low-speed delays due to traffic or road conditions can impact the case.

Quick Q&A — Florida 316.1935 HB 113 & Fleeing/Eluding Law

Can I be charged with fleeing even if I eventually pulled over?

Yes. Prosecutors may pursue charges if you did not comply immediately. HB 113 explicitly penalizes hesitation or delayed stopping.

Is slow-speed evasion treated the same as high-speed fleeing?

HB 113 treats all fleeing more harshly. Even low-speed attempts to evade police may result in felony charges and jail exposure.

Can fleeing charges be added on top of DUI or drug offenses?

Absolutely. Prosecutors frequently stack charges, for example, DUI plus fleeing, under HB 113 to increase penalties.

What if I was scared or confused during the encounter?

Fear or confusion may be a defense, but only with proper legal representation. Without counsel, prosecutors typically assume intent.

Does HB 113 cover motorcycles, ATVs, and golf carts?

Yes. The law explicitly expands to include all motor vehicles, even recreational and off-road vehicles, removing prior leniency.

Could my vehicle be seized?

Intentional fleeing could trigger vehicle forfeiture under HB 113, especially if the conduct is severe or results in harm.

Are first-time offenders treated differently?

Not significantly. HB 113 increases felony exposure and encourages judges to impose incarceration, even for first-time offenses.

How can an attorney challenge a fleeing charge?

Defense strategies focus on proving delayed compliance was reasonable, signals were unclear, unmarked vehicles caused confusion, or emergencies justified actions.

What is the maximum penalty for a first-degree fleeing felony?

Up to 30 years in prison if fleeing results in serious injury or death — HB 113 increases the likelihood of maximum sentencing in such cases.

Do penalties vary by county in Florida?

While HB 113 applies statewide, prosecutorial discretion and judicial practices may slightly differ by county. Attorney Ebsary routinely navigates local practices in Hillsborough, Pinellas, Pasco, Polk, and Hernando counties.

Should I contact an attorney immediately?

Yes. Fleeing charges carry serious long-term consequences. Early legal intervention improves the chances of negotiating reduced charges or alternative sentencing.

Where can I learn more about Florida’s fleeing law?

Florida Statute §316.1935 on Justia

Why Choose Attorney W.F. “Casey” Ebsary Jr.

Attorney Casey Ebsary is a Board-Certified Criminal Trial Lawyer with extensive experience defending fleeing and eluding cases in Florida. His practice spans Hillsborough, Pinellas, Pasco, Polk, Hernando, and Central Florida. He combines courtroom experience, technology expertise, and a nuanced understanding of Florida’s evolving statutes to protect his clients’ freedom, driving records, and reputations.

Learn more about Attorney Ebsary: Bio Page

Final Call to Action

Florida HB 113 creates broad criminal exposure for drivers who hesitate, panic, or delay compliance when interacting with law enforcement. Good people can make split-second errors — but under the new law, these mistakes carry long-lasting felony consequences.

Protect yourself now. Contact a skilled attorney who understands the law inside and out.

📞 Call Attorney W.F. “Casey” Ebsary Jr. at (813) 222-2220
🔗 Contact Page: https://www.centrallaw.com/contact-us/
🔗 About Attorney Ebsary: https://www.centrallaw.com/lawyers/w-f-casey-ebsary-jr/

Attorney Ebsary fights to reduce or dismiss fleeing charges, negotiate withholds of adjudication, and safeguard your driving record, freedom, and reputation.

Extended Q&A — Florida HB 113 & Fleeing/Eluding Law

FAQ 316.1935

Can I be charged with fleeing even if I eventually pulled over?

Yes. Under HB 113, the focus is on immediate compliance, not whether you eventually stopped. If law enforcement determines that you delayed stopping or hesitated in response to lights or sirens, they can charge you with a felony. Even a few seconds of hesitation can trigger criminal liability. An experienced attorney can argue that delayed compliance was reasonable based on traffic, visibility, or safety concerns.

Is slow-speed evasion treated the same as high-speed fleeing?

HB 113 expands the statute to treat all fleeing more harshly, regardless of speed. Previously, slower evasions sometimes resulted in probation or lesser penalties. Now, even slow-speed or low-risk attempts to evade can result in felony charges and jail exposure. Defense attorneys often highlight that the situation posed minimal danger to the public to mitigate penalties.

Can fleeing charges be added on top of DUI or drug offenses?

Absolutely. Prosecutors frequently stack charges under HB 113 to increase overall penalties. For example, a DUI and fleeing offense can be prosecuted simultaneously, increasing felony exposure. Attorney Ebsary reviews all associated charges to craft a coordinated defense strategy that challenges the fleeing allegation while addressing the underlying DUI or drug charge.

What if I was scared or confused during the encounter?

Fear, confusion, or misunderstanding can impact the case, but only if presented effectively. Courts primarily look at your actions, not your thoughts. A skilled attorney can argue that your reaction was reasonable given road conditions, the presence of unmarked vehicles, or other situational factors. Without counsel, prosecutors may assume criminal intent regardless of your state of mind.

Does HB 113 cover motorcycles, ATVs, and golf carts?

Yes. HB 113 explicitly expands the statute to cover all types of motor vehicles, including motorcycles, ATVs, off-road vehicles, and golf carts. Previously, some drivers of non-traditional vehicles received leniency. Now, any attempt to evade law enforcement with these vehicles can result in felony charges. Attorneys can use technicalities regarding vehicle type and traffic laws to mount a defense in certain situations.

Could my vehicle be seized?

Potentially, yes. HB 113 provides prosecutors with expanded authority to pursue vehicle forfeiture in intentional fleeing cases. This typically occurs when the fleeing incident involved recklessness, repeated violations, or serious injury. An attorney can challenge forfeiture by demonstrating lack of intent or that the vehicle was used out of necessity, protecting clients from losing their property unnecessarily.

Are first-time offenders treated differently?

Not significantly under HB 113. Even first-time offenders now face longer prison terms, higher felony classifications, and a reduced likelihood of probation. Judges are encouraged to impose incarceration, making early legal intervention critical. A knowledgeable attorney can advocate for alternatives or negotiate favorable outcomes to minimize long-term consequences.

How can an attorney challenge a fleeing charge?

Defense strategies include showing that police signals were unclear, delayed stopping was reasonable, or emergencies justified actions. Evidence such as dashcam video, witness statements, or GPS data can create reasonable doubt. Attorneys also scrutinize law enforcement procedures for errors in pursuit or documentation that might invalidate the charge. Properly presented defenses can reduce or even dismiss fleeing allegations.

What is the maximum penalty for a first-degree fleeing felony?

A first-degree fleeing felony can carry up to 30 years in prison if the incident results in serious injury or death. HB 113 increases the likelihood that judges will impose maximum or near-maximum sentences in severe cases. Even if no injury occurred, the felony classification alone can create long-term repercussions, including restrictions on professional licenses, voting rights, and firearm ownership. Legal representation is essential to mitigate these lifelong consequences.

Do penalties vary by county in Florida?

While HB 113 applies statewide, local prosecutorial practices and judicial discretion can affect outcomes. Some counties may push for mandatory incarceration more aggressively, while others may consider alternative sentencing. An attorney familiar with the region, like Former Hillsborough County Assistant State Attorney Ebsary in Hillsborough, Pinellas, Pasco, Polk, and Hernando counties, can navigate local trends to negotiate the best possible result for clients.

Should I contact an attorney immediately?

Yes. Fleeing charges carry serious long-term consequences, and early intervention increases the likelihood of reduced charges or alternative sentencing. An attorney can preserve evidence, interview witnesses promptly, and challenge procedural missteps. Acting quickly also allows for a strategic defense that considers all aspects of HB 113’s expanded penalties.

Where can I learn more about Florida’s fleeing law?

The full statute is available online at Florida Statute §316.1935 on Justia. Attorney Ebsary uses his deep knowledge of the statute to analyze how recent legislative changes affect each case. Understanding the law is critical, but professional guidance ensures you don’t face the enhanced penalties alone. Legal counsel can clarify your rights and options before engaging with law enforcement or the court system.

Navigating Flee to Elude Charges in Florida: A Comprehensive Guide with Casey the Lawyer

W.F. ''Casey'' Ebsary Jr. — Sat, 21 Dec 2024 03:31:27 GMT

Introduction

In the state of Florida, fleeing or attempting to elude law enforcement is a grave offense with severe consequences. Under Florida Statute 316.1935, such actions can lead to serious legal repercussions, especially when compounded by additional factors such as high-speed chases, crashes, and the use of law enforcement tools like stop sticks and police dogs. This blog post delves into the nuances of this statute, the probable cause for traffic stops, and the available defenses.

Understanding Florida Statute 316.1935

Florida Statute 316.1935 addresses the crime of fleeing or attempting to elude a law enforcement officer. This statute is divided into various degrees of offenses, including first-degree misdemeanors to third-degree felonies, depending on the circumstances.

First-Degree Misdemeanor: A driver who willfully flees or attempts to elude a law enforcement officer.
Third-Degree Felony: Involves high-speed or reckless driving, causing serious bodily injury, or causing damage to property.
Second-Degree Felony: If the driver causes serious bodily harm or death to another person.
First-Degree Felony: Involves fleeing with the intent to cause harm to law enforcement officers.

Probable Cause for a Traffic Stop

Probable cause is a legal standard that law enforcement officers must meet before making an arrest, conducting a search, or obtaining a warrant. For a traffic stop, probable cause is generally established when an officer observes a traffic violation or has reasonable suspicion that a crime has been, is being, or will be committed.

Scene Analysis: Helicopter Footage of Flee to Elude

In the heart of Florida, a routine traffic stop takes a dangerous turn. A driver, refusing to comply, initiates a high-speed chase. Under Florida Statute 316.1935, fleeing to elude law enforcement is a serious offense, escalating the situation with every passing second.

Police Deploy Traffic Stop Sticks

To safely bring the pursuit to an end, officers deploy traffic stop sticks, designed to deflate the suspect’s tires. The vehicle swerves, struggling to maintain control as the tires gradually lose air.

Crash and Use of a Police Dog

Inevitably, the chase concludes with a crash. The suspect’s vehicle comes to a halt, but the danger isn’t over yet. A K-9 unit is deployed, using the unmatched instincts of a police dog to locate and apprehend the suspect. These highly trained dogs play a crucial role in ensuring public safety during such high-stress situations.

Defenses to Flee to Elude Charges

Defending against a charge of fleeing to elude can be challenging, but an experienced attorney like Casey the Lawyer can explore several potential defenses. Here are ten possible defenses and five common ones:

Ten Potential Defenses in Flee to Elude Cases

Lack of Intent: Arguing that the driver did not intentionally flee.
Improper Traffic Stop: Claiming the initial stop was not legally justified.
Mistaken Identity: Asserting that the accused was not the driver.
Medical Emergency: Presenting evidence of an urgent medical condition.
Vehicle Malfunction: Arguing that a mechanical issue prevented the driver from stopping.
Coercion or Duress: Claiming the driver was forced to flee under threat.
Insufficient Evidence: Highlighting a lack of conclusive evidence.
Violation of Rights: Arguing that the driver’s rights were violated during the stop.
Dashcam or Video Evidence: Using video evidence to disprove the prosecution’s claims.
Witness Testimony: Presenting witnesses who can support the defense.

Casey the Lawyer’s Perspective

Casey the Lawyer, a seasoned criminal defense attorney, emphasizes the importance of a robust defense strategy. With years of experience handling cases under Florida Statute 316.1935, Casey offers invaluable insights:

Comprehensive Case Review: “Every case is unique. We thoroughly review the circumstances of your arrest, including the traffic stop’s legality and any evidence against you.”
Personalized Defense Strategy: “We tailor our approach to your specific situation, whether that means challenging the stop’s legality or presenting alternative explanations for your actions.”
Aggressive Representation: “Our goal is to protect your rights and achieve the best possible outcome. We fight tirelessly to defend you against these serious charges.”

Conclusion

Facing charges for fleeing to elude law enforcement under Florida Statute 316.1935 can be daunting, but with a knowledgeable and experienced attorney like Casey the Lawyer, you can navigate the legal system more effectively. By understanding your rights and the available defenses, you can better prepare for your case and work towards a favorable resolution.

Contact Information

For expert legal assistance, contact Casey the Lawyer at 813-222-2220. With the right defense, you can face your charges with confidence and determination.

Comment on this Flee to Elude Incident by the Sheriff

On December 11, 2024, at 10:40 a.m., #teamHCSO’s Aviation Section was called to assist deputies near Branch Forbes Road north of I-4 after a suspect fled from a traffic stop.

Our Aviation Section monitored the suspect’s vehicle through Dover and Plant City until our patrol deputies were able to deploy stop sticks. The vehicle continued on for several miles, driving recklessly before striking another vehicle and crashing through a fence on US Highway 92.

The suspect was taken into custody without incident.”This incident highlights the teamwork and dedication of our patrol deputies and Aviation Section, who worked seamlessly to track and arrest a suspect determined to evade the law,” said Sheriff Chad Chronister. “Thanks to their swift actions, we resolved this situation without further harm to our community.”