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TRAF3039 Fleeing and Attempting to Elude a Police Officer
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)
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.
“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.
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.
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.
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:
- 🚫 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”]
✅ Hosted by Attorney Casey Ebsary – Subscribe for legal insights
🧭 Resources & Legal References
- Florida Statute § 316.1935 – Justia.com
- Florida Uniform Traffic Citation Manual (FDLE)
- Hillsborough County Clerk of Court
- Florida Sentencing Guidelines – Chapter 775
✅ 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
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.