Evading arrest charge in a vehicle (less than 1 mile) is it a misdemeanor or felony?

krazybob613

If you simply continued in the direction you were traveling, a good lawyer can effectively argue that you were unaware that the officer was signaling you to stop and the court will usually permit you to plea to a lesser offense such as failure to follow the direction of a uniformed officer ...

But if you sped up or took any sudden (specifically un-signaled ) turns between the time the officer activated his take down lights and the time you stopped, the option of filing and pressing Felony Fleeing and Eluding charges - and receiving a conviction thereupon are almost totally in the hands and choice of the officer involved. The reason why Fleeing and Eluding is considered to be a Felony is because the risk and hazard which pursuit places on the officer and the public at large.

The law permits you to proceed to a safe location when an officer signals you to stop as long as you:
A) slow to a maximum of either 45 MPH or the posted minimum speed of a limited access highway.
and
B) activate your 4 way emergency flashers to indicate your intention to stop to the police officer.
and
C) stop at the first reasonable location.

A Safe and reasonable location includes the shoulder of any street or highway where a vehicle can be pulled completely clear of the traffic lane when a fully marked patrol car is involved in the traffic stop. And any parking lot or other adequate location to pull off of the traveled motorway.

If the vehicle performing the stop is not fully marked as a police vehicle ( Shield on both doors and Lights ) you may proceed at reduced speed to any police station or occupied and illuminated public location before stopping - while doing so, if you have a cell phone you should also call 911 and state that an unmarked vehicle is signaling you to stop and give your name and location and direction of travel and request further instructions. This will protect you from both claims of fleeing and eluding and from nasty perpetrators who may attempt to assault you by appearing to be police when they in fact are not... which sad to say has happened...

mcperson2k

I wouldn't be surprised if it was a felony. You cant run from the police, what were you thinking?

eric

Probably a felony. If you didn't cause any property damage and no one was hurt, then you might be able to walk away from this with probation, but it depends on state laws.

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