Criminal Defense
Since 1993
Since 1993
Fighting a Fleeing & Eluding Charge in Orlando: A Defense Attorney’s Guide
By: John Guidry II
To understand the charge of Fleeing and Attempting to Elude, you first have to understand the fear every driver has when they see flashing lights in their rearview mirror. You never truly know who is pulling you over.
I once had a case where a man dressed up his Mustang for Halloween with red and blue lights and police graphics, then pretended to be a cop and pulled over a woman. In those few seconds of hesitation—wondering if the lights are real, or hoping they’re for the car in front of you—a driver’s hesistation can lead to serious felony charges. Often, this charge is the result of an impatient officer who feels you didn’t pull over fast enough.
Charged with Fleeing and Eluding in Central Florida? A moment of hesitation shouldn’t lead to a felony conviction. Call my office immediately to build your defense. Call John Guidry: (407) 423-1117
Why Fleeing and Eluding is a Serious Felony
Prosecutors are instantly suspicious of these cases. They assume you fled because you were hiding something worse—a DUI, drugs, or illegal weapons in the car. This suspicion is why the penalties are so severe.
- Prison Time: A basic fleeing charge is a felony punishable by up to 5 years in prison. It can be upgraded to 15 years under certain circumstances.
- Mandatory Prison: If someone is injured during the fleeing incident, the charge carries a 3-year mandatory minimum prison sentence.
- Vehicle Forfeiture: The government is entitled to seize and keep the car used to flee.
- License Suspension: Every conviction comes with a minimum 1-year driver’s license suspension, which the judge can extend up to 5 years.
How We Defend Against Fleeing & Eluding Charges
The good news is that there are plenty of defenses. An officer’s report often sounds much worse than what actually happened. That’s why we start by obtaining all the video evidence—bodycams, dashcams, and traffic cameras—to see the real story. From there, we often attack the technical requirements of the law.
The “Improperly Marked Vehicle” Defense This is a powerful technical defense. For a conviction to stick, the State must prove the officer’s vehicle was properly marked with both of the following:
- An agency insignia (e.g., the sheriff’s office star).
- Jurisdictional markings (e.g., the name of the city or county).
The case of Slack v. State is a perfect example. Slack was convicted after an officer testified he was in a “marked patrol car.” The appeals court threw out the conviction, ruling that a “marked car” isn’t enough. The officer failed to testify that the car had the required jurisdictional markings, so the evidence was insufficient. Case dismissed. Slack v. State of Florida, 30 So.3d 684 (Fla. 1st DCA 2010)
These cases are built on technicalities, and there is hope. If you’re accused of fleeing anywhere in Central Florida, that’s where I’ve been defending these complex cases since 1993. Be sure to give our office a call. We have the experience to scrutinize every detail of the case against you.
If you’re ready to take a deeper dive into fleeing charges in Central Florida, check out my video “Florida’s Fleeing and Eluding Charges Explained: What You Need to Know“.
About the Author, John Guidry II
John Guidry II is a seasoned criminal defense attorney and founder of the Law Firm of John P. Guidry II, P.A., located in downtown Orlando next to the Orange County Courthouse, where he has practiced for over 30 years. With more than three decades of experience defending clients throughout Central Florida since 1993, Guidry has successfully defended thousands of cases in Orange, Seminole, Osceola, Brevard, Lake, and Volusia counties. He has built a reputation for his strategic approach to criminal defense, focusing on pretrial motions and case dismissals rather than jury trials.
Guidry earned both his Juris Doctorate and Master of Business Administration from St. Louis University in 1993. He is a member of the Florida Bar and the Florida Association of Criminal Defense Lawyers. His practice encompasses the full spectrum of Florida state criminal charges, with a particular emphasis on achieving favorable outcomes through thorough pretrial preparation and motion practice.
Beyond the courtroom, Guidry is a prolific legal educator who has authored over 400 articles on criminal defense topics. He shares his legal expertise through his popular YouTube channel, Instagram, and TikTok accounts, where he has built a substantial following of people eager to learn about the law. His educational content breaks down complex legal concepts into accessible information for the general public.
When not practicing law, Guidry enjoys tennis and pickleball, and loves to travel. Drawing from his background as a former recording studio owner and music video producer in the Orlando area, he brings a creative perspective to his legal practice and continues to apply his passion for video production to his educational content.