What Is Fleeing and Eluding?

What happens when a person refuses to pull over for a traffic stop or attempts to race/outrun law enforcement? Keep reading for more information.

Implied Consent

When drivers take to the road, they are under a legal directive called implied consent. Implied consent means that any and all motorists on public roads are giving their consent to search and traffic stops as deemed fit by law enforcement. In other words, every time a driver leaves their driveway, they consent to traffic stops.

It is important to note that search of a vehicle cannot occur without probable cause. Probable cause is a justification based on hard evidence to suggest criminal activity. Legally, arrests may not occur without probable cause regardless of whether implied consent is a factor.

Fleeing and Eluding

Fleeing and eluding occurs when a driver willfully and knowingly refuses to stop for a police officer. For example, if a police car flashes their lights and has the siren on, drivers are supposed to pull over on a shoulder or to a side road and wait for the officer to tell them why they’ve been stopped. If a person refuses to stop, speeds up, or attempts to evade law enforcement is fleeing and eluding.

Feeling and eluding is a third-degree felony punishable by fines up to $5,000 and a potential prison sentence of no more than five years. Additionally, if a person breaks any other road rules in the process of fleeing, they could face additional charges including an extended sentence of 15 years in prison.

It is also important to note that aggravating factors like causing injury or death also increase the sentence if convicted.

Serious Charges, Fearless Defense

If you have been accused of fleeing and eluding, the Law Office of Armando J. Hernandez, P.A. can help. Our fearless legal team can help you determine the most optimal strategy for your specific case.

Contact our firm for more information.

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