Have You Been Arrested for Evading the Police?

Fleeing or attempting to elude police involves not stopping your vehicle when a police officer signals you to do so. This action can lead to serious legal consequences, including potential jail time and fines.

If you're facing charges related to fleeing or attempting to elude the police, it's important to seek legal assistance right away. Cofer & Connelly, PLLC has assisted numerous clients in the state in resolving significant criminal charges and traffic violations favorably. Contact Cofer & Connelly, PLLC at (512) 991-0576 or online to arrange a consultation.

Defining “Fleeing or Attempting to Elude Police” Offenses in Texas

Under Texas Statutes Section 545.421, if you're driving a vehicle and intentionally don't stop or try to escape from a police vehicle chasing you, you're breaking the law. This law kicks in when a police officer, who must be in uniform and showing their badge, signals you to stop. They can do this in several ways: by hand, verbally, with an emergency light, or using a siren. It's important that the police vehicle has clear markings showing it's an official law enforcement vehicle, but it doesn't necessarily need to have its emergency light on.

What Elements are Necessary for Conviction?

To be convicted of this offense, the prosecutor must prove that you, as the driver, willfully chose not to stop your vehicle or attempted to escape after a police officer gave you a clear signal to stop. This means you need to have understood the signal and deliberately decided not to comply.

Enhanced Fleeing Offenses

It's also important to understand that the severity of the offense can increase under certain circumstances. For example, if you drive recklessly while trying to escape and put someone else in immediate danger of getting seriously hurt, the offense is treated more seriously. Additionally, if you're found to be intoxicated while you're fleeing or attempting to elude the police, it is assumed that your actions were reckless and endangered others. Here, 'intoxicated' means not having the normal use of your physical or mental faculties because of alcohol or drugs, or having a blood alcohol concentration above the legal limit.

Penalties for Fleeing or Attempting to Elude Police

When you're charged with fleeing or attempting to elude police in Texas, the classification of the offense and the corresponding penalties depend on the specifics of your actions during the incident.

Class B Misdemeanor

Under Texas law, the basic offense of fleeing or attempting to elude a police officer is categorized as a Class B misdemeanor. This is when you fail or refuse to stop or try to escape from a pursuing police vehicle after being signaled to stop by an officer. If convicted, you could face up to 180 days in jail and a fine up to $2,000.

Class A Misdemeanor

The offense escalates to a Class A misdemeanor if, while fleeing or attempting to elude, you recklessly engage in conduct that puts someone else in imminent danger of serious bodily injury. This could be through driving in a dangerous manner or other reckless actions during the chase. The penalty for a Class A misdemeanor includes up to 1 year in jail and a fine up to $4,000.

Additionally, eluding the police can lead to the potential suspension of your Texas driver's license.

Each case is unique, and the penalties can vary based on the circumstances of the offense and your personal history. For example, the court may offer alternatives to incarceration, especially for first-time or non-violent offenders. These alternatives could include probation, community service, educational or rehabilitation programs, and electronic monitoring.

Potential Defenses to Fleeing or Attempting to Elude Police Charges

Lack of Intent

One key element of the offense is the willful failure to stop or the attempt to elude. If you didn't intentionally avoid stopping for the police, this could be a defense. For example, if you didn't realize a police officer was signaling you to stop, perhaps due to confusion or not seeing or hearing the signal, this could support your case.

Misidentification

In some cases, you might argue that the police misidentified you as the driver of the vehicle. This could occur in situations where the vehicle is shared by multiple people or if there is a lack of clear evidence identifying you as the driver at the time of the alleged offense.

Duress or Coercion

If you were forced to flee due to threats or coercion, you might argue that you acted under duress. This defense applies if you were in a situation where you believed you'd be in immediate danger if you didn't attempt to flee (e.g., a passenger in the vehicle threatens to hurt you if you don’t flee).

Signal Clarity and Police Officer Identification

The law requires that the police officer be in uniform and their vehicle clearly marked. If the signaling was ambiguous or the officer wasn’t properly identifiable as a police officer, it could be a valid defense.

Necessity or Emergency Situations

If you fled because of an emergency, like needing to get someone to the hospital, this might be a defense to a charge of attempting to eluding the police.

Role of a Fleeing or Attempting to Elude Police Lawyer in Austin

If you're facing charges for fleeing or attempting to elude police, a lawyer can help you in several ways. They will thoroughly review the details of your case, looking for any discrepancies or weaknesses in the prosecution's evidence. They'll also gather evidence and witness statements that could support your defense. Your lawyer can negotiate with prosecutors, potentially reducing your charges or penalties. They are skilled in presenting your case in court, including questioning witnesses and challenging evidence. Your lawyer can also advise you on the legal process, help you understand your rights, and guide you through each step of your case.

Frequently Asked Questions about Fleeing or Attempting to Elude Police

• What is fleeing or attempting to elude police?
  It’s when you don't stop your vehicle despite a clear signal from a police officer to do so.
• Can I be charged if I didn’t see the police signal?
  If you genuinely didn’t see or hear the signal, it might be a defense, but each situation is different.
• What if I panicked and fled?
  Panic isn't a justified reason to flee, but the specifics of your case can impact its relevance.
• Will I go to jail if I attempt to elude the police?
  Possibly. Depending on the situation, you could face up to 1 year in jail and a fine up to $4,000.
• What if the police car wasn’t marked?
  If the police vehicle wasn’t properly marked, it could form part of your defense.

Contact an Austin Fleeing The Police Attorney Today

If you try to elude the police, you're violating the law, and the situation is more severe if you're reckless or intoxicated during the incident. If you're facing charges for fleeing or attempting to elude police, it's important to seek legal help right away. Cofer & Connelly, PLLC has helped countless clients in the state resolve serious criminal charges and traffic offenses on favorable grounds. Get in touch with Cofer & Connelly, PLLC by calling (512) 991-0576 or contacting us online for a consultation.