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Pembroke Pines Criminal Defense and DUI Attorney and Felony Fleeing and Eluding and Aggravated Fleeing and Eluding Crimes and Offenses Attorney

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Call Kaufman Legal Group now to see if it is possible to get your charges dismissed or reduced to lesser charge. ?If your case gets dismissed, dropped or a jury finds you not guilty the courts in Broward County, Fort Lauderdale, Palm Beach and Miami-Dade, you may eligible to seal or expunge your case and earlier arrest.

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Kaufman Legal Group is a Pembroke Pines Traffic Criminal Defense Law Firm offering experienced Attorneys to handle individuals accused of Felony Fleeing and Eluding and Aggravated Fleeing and Eluding Crimes and Offenses Lawyer in Broward County, Miami-Dade County and Palm Beach County conveniently located in Pembroke Pines and near Hollywood, Cooper City, Davie, Plantation, Miramar and Weston, Fl.? If you were recently given a ticket or arrested for Felony Fleeing and Eluding and Aggravated Fleeing and Eluding Crimes and Offenses Attorney

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or are facing any Felony Felony Fleeing and Eluding and Aggravated Fleeing and Eluding Crimes and Offenses

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charges in Fort Lauderdale, Broward County, Palm Beach County, Miami-Dade or any other part of South Florida, contact the attorneys at the Kaufman Legal Group at (954) 961-9892 for a free consultation.

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Serving all of South Florida, Dade, Broward and Palm Beach Counties

PEMBROKE PINES / MIRAMAR / HOLLYWOOD / AVENTURA / COOPER CITY/? MIAMI GARDENS / NORTH MIAMI BEACH / PEMBROKE PARK / SOUTHWEST RANCHES / WESTON / DAVIE / FT. LAUDERDALE

28.6? FLEEING TO ELUDE A LAW ENFORCEMENT OFFICER

? 316.1935(1), Fla. Stat.

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????????????????? To prove the crime of Fleeing to Elude a Law Enforcement Officer, the State must prove the following three elements beyond a reasonable doubt:

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1.????????????????? (Defendant) was operating a vehicle upon a street or highway in Florida.

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2.????????????????? A duly authorized law enforcement officer ordered the defendant to stop or remain stopped.

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Give 3a or 3b as applicable.

3.????????????????? (Defendant), knowing [he] [she] had been ordered to stop by a duly authorized law enforcement officer,

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a.????????????????? willfully refused or failed to stop the vehicle in compliance with the order

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b.????????????????? having stopped the vehicle, willfully fled in a vehicle in an attempt to elude the officer.

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????????????????? Definitions.

????????????????? ?Operator? means any person who is in actual physical control of a motor vehicle upon the highway [or who is exercising control over or steering a vehicle being towed by a motor vehicle].

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????????????????? ?Street or highway? means the entire width between boundary lines of every way or place of whatever nature when any part thereof is open to the public for purposes of vehicular traffic.

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????????????????? ?Vehicle? means every device, in, upon, or by which any person or property is or may be transported or drawn upon a highway, excepting devices used exclusively upon stationary rails or tracks.

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????????????????? ?Willfully? means intentionally, knowingly, and purposely.

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Lesser Included Offenses

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????????????????? FLEEING TO ELUDE A LAW ENFORCEMENT OFFICER ? 316.1935(1)
CATEGORY ONE	CATEGORY TWO	FLA. STAT.	INS. NO.
? ? None	?	?	?
?	Disobedience to Police or Fire Department Officials	316.072(3)	?

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Comments

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For the category two lesser included offense, see Koch v. State, 39 So. 3d 464 (Fla. 2d DCA 2010). ?

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This instruction was adopted in 2000 [765 So. 2d 692] and amended in 2008 [976 So. 2d 1081] and 2011.

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28.7? FLEEING TO ELUDE A LAW ENFORCEMENT OFFICER

(Siren and Lights Activated)

? 316.1935(2), Fla. Stat.

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????????????????? To prove the crime of Fleeing to Elude a Law Enforcement Officer, the State must prove the following three elements beyond a reasonable doubt:

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1.????????????????? (Defendant) was operating a vehicle upon a street or highway in Florida.

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2.????????????????? (Defendant), knowing [he] [she] had been directed to stop by a duly authorized law enforcement officer, willfully fled in a vehicle in an attempt to elude a law enforcement officer.

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3.????????????????? The law enforcement officer was in an authorized law enforcement patrol vehicle with agency insignia and other jurisdictional markings prominently displayed on the vehicle and with siren and lights activated.

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????????????????? Definitions.

????????????????? ?Operator? means any person who is in actual physical control of a motor vehicle upon the highway [or who is exercising control over or steering a vehicle being towed by a motor vehicle].

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????????????????? ?Street or highway? means the entire width between boundary lines of every way or place of whatever nature when any part thereof is open to the public for purposes of vehicular traffic.

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????????????????? ?Vehicle? means every device, in, upon, or by which any person or property is or may be transported or drawn upon a highway, excepting devices used exclusively upon stationary rails or tracks.

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????????????????? ?Willfully? means intentionally, knowingly, and purposely.

Lesser Included Offenses

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FLEEING TO ELUDE A LAW ENFORCEMENT OFFICER ? 316.1935(2)
CATEGORY ONE	CATEGORY TWO	FLA. STAT.	INS. NO.
Fleeing to elude	?	316.1935(1)	28.6
?	Disobedience to Police or Fire Department Officials	? ? 316.072(3)	?

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Comments

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????????????????? For the category two lesser included offense, see Koch v. State, 39 So. 3d 464 (Fla. 2d DCA 2010). ?

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This instruction was adopted in 2000 [765 So. 2d 692] and amended in 2008 [976 So. 2d 1081] and 2011.

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28.8? FLEEING TO ELUDE A LAW ENFORCEMENT OFFICER

(Siren and Lights Activated with High Speed or Reckless Driving)

? 316.1935(3)(a), Fla. Stat.

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????????????????? To prove the crime of Fleeing to Elude a Law Enforcement Officer, the State must prove the following four elements beyond a reasonable doubt:

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1. 1.??? (Defendant) was operating a vehicle upon a street or highway in Florida.

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????????????????? 2.????????????????? (Defendant), knowing [he] [she] had been directed to stop by a ????????????????? ????????????????? ????????????????? ????????????????? ????????????????? duly authorized law enforcement officer, willfully fled in a vehicle in an attempt to ????????????????? ????????????????? ????????????????? elude a law enforcement officer.

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3.????????????????? The law enforcement officer was in an authorized law enforcement patrol vehicle with agency insignia and other jurisdictional markings prominently displayed on the vehicle and with siren and lights activated.

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4.????????????????? During the course of the fleeing or the attempt to elude, (defendant) drove at high speed or in any manner demonstrating a wanton disregard for the safety of persons or property.

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Definitions.

????????????????? ?Operator? means any person who is in actual physical control of a motor vehicle upon the highway [or who is exercising control over or steering a vehicle being towed by a motor vehicle].

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????????????????? ?Street or highway? means the entire width between boundary lines of every way or place of whatever nature when any part thereof is open to the public for purposes of vehicular traffic.

????????????????? ?Vehicle? means every device, in, upon, or by which any person or property is or may be transported or drawn upon a highway, excepting devices used exclusively upon stationary rails or tracks.

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????????????????? ?Willfully? means intentionally, knowingly, and purposely.

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Lesser Included Offenses

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FLEEING TO ELUDE A LAW ENFORCEMENT OFFICER ? 316.1935 (3)(a)
CATEGORY ONE	CATEGORY TWO	FLA. STAT.	INS. NO.
Fleeing to elude	?	316.1935(2)	28.7
Fleeing to elude	?	316.1935(1)	28.6
?	Reckless driving	316.192	28.5
?	Disobedience to Police or Fire Department Officials	? ? 316.072(3)	?

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Comments

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??????????? For the category two lesser included offense of Disobedience to Police, see Koch v. State, 39 So. 3d 464 (Fla. 2d DCA 2010).

This instruction was adopted in 2000 [765 So. 2d 692] and amended in 2008 [976 So. 2d 1081] and 2011.

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28.81? FLEEING TO ELUDE A LAW ENFORCEMENT OFFICER

(Siren and Lights Activated with High Speed or Reckless Driving Causing

Serious Bodily Injury or Death)

? 316.1935(3)(b), Fla. Stat.

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???? ????????????? To prove the crime of Fleeing to Elude a Law Enforcement Officer, the State must prove the following five elements beyond a reasonable doubt:

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1.????????????????? (Defendant) was operating a vehicle upon a street or highway in Florida.

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2. (Defendant), knowing [he] [she] had been directed to stop by a duly authorized law enforcement officer, willfully fled in a vehicle in an attempt to elude a law enforcement officer.

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3.????????????????? The law enforcement officer was in an authorized law enforcement patrol vehicle with agency insignia and other jurisdictional markings prominently displayed on the vehicle and with siren and lights activated.

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4.????????????????? During the course of the fleeing or the attempt to elude, (defendant) drove at high speed or in any manner demonstrating a wanton disregard for the safety of persons or property.

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5.????????????????? As a result of (defendant?s) fleeing or eluding at high speed or wanton disregard for safety, [he] [she] caused [the death of] [serious bodily injury to] [another person] [a law enforcement officer involved in pursuing or otherwise attempting to stop [his] [her] vehicle].

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??????????????????????????????????? Definitions.

???? ????????????? ?Operator? means any person who is in actual physical control of a motor vehicle upon the highway [or who is exercising control over or steering a vehicle being towed by a motor vehicle].

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???? ????????????? ?Street or highway? means the entire width between boundary lines of every way or place of whatever nature when any part thereof is open to the public for purposes of vehicular traffic.

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???? ????????????? ?Vehicle? means every device, in, upon, or by which any person or property is or may be transported or drawn upon a highway, excepting devices used exclusively upon stationary rails or tracks.

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??????????????????????????????????? ?Willfully? means intentionally, knowingly, and purposely.

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Lesser Included Offenses

FLEEING TO ELUDE A LAW ENFORCEMENT OFFICER ? 316.1935(3)(b)
CATEGORY ONE	CATEGORY TWO	FLA. STAT.	INS. NO.
Fleeing to elude	?	316.1935(3)(a)	28.8
Fleeing to elude	?	316.1935(2)	28.7
Fleeing to elude	?	316.1935(1)	28.6
?	Reckless driving	316.192	28.5
?	Disobedience to Police or Fire Department Officials	? ? 316.072(3)	?

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Comments

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????????????????? For the category two lesser included offense of Disobedience to Police, see Koch v. State, 39 So. 3d 464 (Fla. 2d DCA 2010). ?

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This instruction was adopted in 2008 [976 So. 2d 1081] and amended in 2011.

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28.82? AGGRAVATED FLEEING OR ELUDING

(Leaving a Crash Involving Injury or Death then Causing Serious

Bodily Injury or Death)

? 316.1935(4)(b) and ? 316.027, Fla. Stat.

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To prove the crime of Aggravated Fleeing or Eluding, the State must prove the following seven elements beyond a reasonable doubt:

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1.????????????????? (Defendant) was the driver of a vehicle involved in a crash resulting in [injury to] [the death of] any person.

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2.????????????????? (Defendant) knew or should have known that [he] [she] was involved in a crash.

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Give 3a if death is charged or 3b if injury is charged.

????????????????????????????????????????????????????? 3.????????????????? a.????????????????? (Defendant) knew or should have known of the injury to or death of the person.

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b.????????????????? (Defendant) knew or should have known of the injury to the person.

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Give 4a or 4b or both as applicable.

4.????????????????? (Defendant)

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a.????????????????? willfully failed to stop at the scene of the crash or as close to the crash as possible and remain there until [he] [she] had given ?identifying information? to the [injured person] [driver] [occupant][person attending the vehicle or other damaged property] and to any police officer investigating the crash.

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b.????????????????? willfully failed to render ?reasonable assistance? to the injured person if such treatment appeared to be necessary or was requested by the injured person.

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5.????????????????? A duly authorized law enforcement officer ordered (defendant) to stop.

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6.????????????????? (Defendant), knowing [he][she] had been ordered to stop by a law enforcement officer, [willfully refused or failed to stop [his][her]vehicle in compliance with the order to stop] [and after having stopped in knowing compliance with the order to stop, willfully fled in a vehicle in an attempt to elude the law enforcement officer.]

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7.????????????????? As a result of (defendant) fleeing or eluding, [he] [she] caused [serious bodily injury to] [the death of] (name of victim).

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? 316.027, Fla. Stat.

A driver has the legal duty to immediately stop [his] [her] vehicle at the scene of the crash or as close to the scene of the crash as possible and provide ?identifying information.?

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????????????????? If the State proves beyond a reasonable doubt that the defendant willfully failed to give any part of the ?identifying information? or willfully failed to give reasonable assistance, the State satisfies this element of the offense.

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Definitions.

????????????????? ?Willfully? means intentionally, knowingly, and purposely.?????????????????

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????????????????? ?Identifying information? means the name, address, vehicle registration number, and, if available and requested, the exhibition of the defendant?s license or permit to drive.

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????????????????? ?Reasonable assistance? includes carrying or making arrangement to carry the injured person to a physician or hospital for medical treatment.

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Lesser Included Offenses

AGGRAVATED FLEEING OR ELUDING (Leaving a Crash Involving Injury or Death and then Causing Serious Injury Bodily Injury or Death) ? 316.1935(4)(b) and 316.027
CATEGORY ONE	CATEGORY TWO	FLA.STAT.	INS. NO.
Aggravated Fleeing	?	316.1935(4)(a)	28.84
Fleeing to Elude LEO	?	316.1935(1)	28.6
Leaving Scene of Accident Involving Death	?	316.027(1)(b)	28.4
Leaving Scene of Accident Involving Injury	?	316.027(1)(a)	28.4
?	Fleeing to Elude LEO	316.1935(3)(b)	28.81
?	Fleeing to Elude LEO	316.1935(3)(a)	28.8
?	Fleeing to Elude LEO	316.1935(2)	28.7
?	Reckless Driving	316.192	28.5
?	Disobedience to Police or Fire Department Officials	? ? 316.072(3)	?

Comments

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????????????????? For the category two lesser included offense of Disobedience to Police, see Koch v. State, 39 So. 3d 464 (Fla. 2d DCA 2010). ?

????????????????? This instruction was adopted in 2008 [976 So. 2d 1081] and amended in 2011.

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28.83? AGGRAVATED FLEEING OR ELUDING

(Leaving a Crash Involving Damage to a Vehicle or Property then Causing

Serious Bodily Injury or Death)

? 316.1935(4)(b) and ? 316.061, Fla. Stat.

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To prove the crime of Aggravated Fleeing or Eluding, the State must prove the following seven elements beyond a reasonable doubt:

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1.????????????????? (Defendant) was the driver of a vehicle involved in a crash resulting only in damage [to a vehicle] [to property other than a vehicle] which was driven or attended by a person.

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2.????????????????? (Defendant) knew or should have known that [he] [she] was involved in a crash.

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3.????????????????? (Defendant) knew or should have known of the damage to [the vehicle] [the attended property].

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4.????????????????? (Defendant) willfully failed to stop at the scene of the crash or as close to the crash as possible and remain there until [he] [she] had given ?identifying information? to the [driver] [person attending the damaged property] and to any police officer investigating the crash.

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5.????????????????? A duly authorized law enforcement officer ordered (defendant) to stop.

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6.????????????????? (Defendant), knowing [he] [she] had been ordered to stop by a law enforcement officer, [willfully refused or failed to stop [his] [her] vehicle in compliance with the order to stop] [and after having stopped in knowing compliance with the order to stop, willfully fled in a vehicle in an attempt to elude the law enforcement officer].

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7.????????????????? As a result of (defendant) fleeing or eluding, [he] she] caused [serious bodily injury to] [the death of] (name of victim).

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? 316.061, Fla. Stat.

A driver has the legal duty to immediately stop [his] [her] vehicle at the scene of the crash or as close to the scene of the crash as possible and provide ?identifying information.?

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????????????????? If the State proves beyond a reasonable doubt that the defendant willfully failed to give any part of the ?identifying information,? the State satisfies this element of the offense.

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Definitions.

????????????????? ?Willfully? means intentionally, knowingly, and purposely.?????????????????

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????????????????? ?Identifying information? means the name, address, vehicle registration number, and, if available and requested, the exhibition of the defendant?s license or permit to drive.

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Lesser Included Offenses

AGGRAVATED FLEEING OR ELUDING (Leaving a Crash Involving Damage to a Vehicle or Property then Causing Serious Bodily Injury or Death) ? 316.1935(4)(b) and 316.061
CATEGORY ONE	CATEGORY TWO	FLA.STAT.	INS. NO.
Aggravated Fleeing	?	316.1935(4)(a)	28.85
Fleeing to Elude LEO	?	316.1935(1)	28.6
Leaving the Scene of a Crash Involving Damage to Vehicle or Property	?	316.061	N/A
?	Fleeing to Elude LEO	316.1935(3)(b)	28.81
?	Fleeing to Elude LEO	316.1935(3)(a)	28.8
?	Fleeing to Elude LEO	316.1935(2)	28.7
?	Reckless Driving	316.192	28.5
?	Disobedience to Police or Fire Department Officials	? ? 316.072(3)	?

Comments

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????????????????? For the category two lesser included offense of Disobedience to Police, see Koch v. State, 39 So. 3d 464 (Fla. 2d DCA 2010). ?

????????????????? This instruction was adopted in 2008 [976 So. 2d 1081] and amended in 2011.

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28.84? AGGRAVATED FLEEING OR ELUDING

(Leaving a Crash Involving Injury or Death then Causing Injury or

Property Damage to Another)

? 316.1935(4)(a) and ? 316.027 Fla. Stat.

????????????????? To prove the crime of Aggravated Fleeing or Eluding, the State must prove the following seven elements beyond a reasonable doubt:

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1.? ????????????????? (Defendant) was the driver of a vehicle involved in a crash resulting in [injury to] [the death of] any person.

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2. ????????????????? (Defendant) knew or should have known that [he] [she] was involved in a crash.

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Give 3a if death is charged or 3b if injury is charged.

????????????????????????????????????????????????????? 3.????????????????? a.????????????????? (Defendant) knew or should have known of the injury to or death of the person.

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b.????????????????? (Defendant) knew or should have known of the injury to the person.

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????????????????? Give 4a or 4b or both as applicable.

4.????????????????? (Defendant)

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a.????????????????? ????????????????? willfully failed to stop at the scene of the crash or as close to the crash as possible and remain there until [he] [she] had given ?identifying information? to the [injured person] [driver] [occupant] [person attending the vehicle or other damaged property] and to any police officer investigating the crash.

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b.????????????????? willfully failed to render ?reasonable assistance? to the injured person if such treatment appeared to be necessary or was requested by the injured person.

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5.????????????????? A duly authorized law enforcement officer ordered (defendant) to stop.

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6.????????????????? (Defendant), knowing [he][she] had been ordered to stop by a law enforcement officer, [willfully refused or failed to stop [his][her]vehicle in compliance with the order to stop][and after having stopped in knowing compliance with the order to stop, willfully fled in a vehicle in an attempt to elude the law enforcement officer.]

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7.????????????????? As a result of (defendant) fleeing or eluding, [he] [she] caused [an injury to] [damage to the property of] (name of victim).

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? 316.027, Fla. Stat.

A driver has the legal duty to immediately stop [his] [her] vehicle at the scene of the crash or as close to the scene of the crash as possible and provide ?identifying information.?

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????????????????? If the State proves beyond a reasonable doubt that the defendant willfully failed to give any part of the ?identifying information? or willfully failed to give reasonable assistance, the State satisfies this element of the offense.

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Definitions.

????????????????? ?Willfully? means intentionally, knowingly, and purposely.?????????????????

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????????????????? ?Identifying information? means the name, address, vehicle registration number, and, if available and requested, the exhibition of the defendant?s license or permit to drive.

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????????????????? ?Reasonable assistance? includes carrying or making arrangement to carry the injured person to a physician or hospital for medical treatment.

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Lesser Included Offenses

AGGRAVATED FLEEING OR ELUDING (Leaving a Crash Involving Injury or Death and then Causing Injury or Property Damage to Another) ? 316.1935(4)(a) and ? 316.027
CATEGORY ONE	CATEGORY TWO	FLA.STAT.	INS. NO.
Fleeing to Elude LEO	?	316.1935(1)	28.6
Leaving Scene of Accident Involving Death	?	316.027(1)(b)	28.4
Leaving Scene of Accident Involving Injury	?	316.027(1)(a)	28.4
?	Fleeing to Elude LEO	316.1935(3)(b)	28.81
?	Fleeing to Elude LEO	316.1935(3)(a)	28.8
?	Fleeing to Elude LEO	316.1935(2)	28.7
?	Reckless Driving	316.192	28.5
?	Disobedience to Police or Fire Department Officials	? ? 316.072(3)	?

Comments

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????????????????? For the category two lesser included offense of Disobedience to Police, see Koch v. State, 39 So. 3d 464 (Fla. 2d DCA 2010). ?

????????????????? This instruction was adopted in 2008 [976 So. 2d 1081] and amended in 2011 .

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