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Fleeing & Eluding a Police Officer

Handled By Our Traffic Ticket Lawyers in Michigan

Fleeing and eluding means that, while driving a motor vehicle, a person willfully failed to obey a lawful police signal or command to stop. The officer signaling must be in uniform and in an identifiable police or DNR vehicle at the time of signing/commanding the stop.

There are four degrees of fleeing and eluding based on the result of the violation:

  • If a death occurs, it’s a first-degree fleeing and eluding. It’s a felony with up to 15 years imprisonment and/or $5000 fine and license revocation.
  • If a serious injury occurs or the defendant has prior convictions of fleeing and eluding, it’s a second-degree felony with up to 10 years imprisonment and/or a $5000 fine, and license revocation.
  • If a collision or accident occurs as a result, or part of the violation occurs in an area with a speed limit of 35 or less, or there are prior convictions for fleeing and eluding, it’s a third-degree felony with up to 5 years imprisonment and/or $1000 fine, and license suspension.
  • The act of fleeing and eluding is a fourth-degree felony with up to 2 years imprisonment and/or $500 fine and a license suspension.

There are some possible defenses to fleeing and eluding such as it was unsafe to stop immediately, there was an emergency or necessity that prevented the driver from stopping immediately, the car had equipment failure that prevented the driver from safely stopping, the police officer was not performing a lawful duty, the driver had a reasonable belief that the person attempting to stop him was not actually a police officer, etc.

Lesser offenses include leaving the scene of an accident, failing to stop and give identification at the scene of an accident, or reckless driving.

Call (248) 368-0038 for a Free Consultation

At The Law Offices of Barton Morris, our traffic ticket attorneys in Michigan have over 20 years of experience in this complex practice area. As a result, we have a comprehensive understanding of this state’s criminal laws. You can trust us to provide you with the strong representation you deserve.

To schedule a free consultation with our traffic ticket attorneys in Michigan, call us at (248) 368-0038.

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