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ELUDING POLICE

 

 

ELUDING POLICE

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Virginia Law of Eluding Police

 

Eluding the Police, can be a misdemanor or felony depending on the facts an cirumstances.   Virginia Code  § 46.2-817 delineates the law on this subject.

 

Part A makes it a Class 2 Misdemeanor for any person who, after having received a visible or audible signal from any law-enforcement officer to bring his motor vehicle to a stop, drives such motor vehicle in a willful and wanton disregard of such signal or who attempts to escape or elude such law-enforcement officer whether on foot, in the vehicle, or by any other means.  Part A allows an affirmative defense if the charged driver can show that he or she reasonably believed that they were being pursued by a person other than a law-enforcement officer.

 

Part B makes it a Class 6 felony for any person, having received a visible or audible signal from any law-enforcement officer to bring his motor vehicle to a stop, drives such motor vehicle in a willful and wanton disregard of such signal so as to interfere with or endanger the operation of the law-enforcement vehicle or endanger a person.  (However if the pursing police officer is killed then the penalty is increased to a Class 4 felony).

 

 

A conviction for Eluding Police or Disregarding Signal by Law-Enforcement Officer to Stop also requires an automatic license suspension.  The convicted person’s license must be suspended by the court for a period of 30 days to 1 year.  However, if the convicted person is determined to have exceeded the maximum speed limit by 20+mph then the license suspension is from 90 days to 1 year.

 

An experienced attorney, like John Greenside & Associates can help you through this legal dilemma.

 
 
 
 
 
 
 
 
 
 

Virginia Law of Eluding Police

 

Eluding the Police, can be a misdemanor or felony depending on the facts an cirumstances.   Virginia Code  § 46.2-817 delineates the law on this subject.

 

Part A makes it a Class 2 Misdemeanor for any person who, after having received a visible or audible signal from any law-enforcement officer to bring his motor vehicle to a stop, drives such motor vehicle in a willful and wanton disregard of such signal or who attempts to escape or elude such law-enforcement officer whether on foot, in the vehicle, or by any other means.  Part A allows an affirmative defense if the charged driver can show that he or she reasonably believed that they were being pursued by a person other than a law-enforcement officer.

 

Part B makes it a Class 6 felony for any person, having received a visible or audible signal from any law-enforcement officer to bring his motor vehicle to a stop, drives such motor vehicle in a willful and wanton disregard of such signal so as to interfere with or endanger the operation of the law-enforcement vehicle or endanger a person.  (However if the pursing police officer is killed then the penalty is increased to a Class 4 felony).

 

 

A conviction for Eluding Police or Disregarding Signal by Law-Enforcement Officer to Stop also requires an automatic license suspension.  The convicted person’s license must be suspended by the court for a period of 30 days to 1 year.  However, if the convicted person is determined to have exceeded the maximum speed limit by 20+mph then the license suspension is from 90 days to 1 year.

 

An experienced attorney, like John Greenside & Associates can help you through this legal dilemma.