An individual may be faced with several penalties in Michigan if they are charged with “Fleeing and Eluding”. When faced with the possibility of such serious penalties, having a skilled attorney to help you prepare and defend your case is necessary to obtain the best possible outcome. According to Michigan law, MCL 750.479a, “Fleeing and Eluding” is defined as when a person purposely does not listen to a police officer when directed to stop their vehicle.
Some examples of a police officer giving directions to stop include:
- Verbal instructions;
- Hand signal;
- Emergency lights; or
- Emergency siren.
Some examples of “Fleeing and Eluding” include
- Speeding up to get away;
- Turning your car’s lights off to hide; or
- Failing to stop after a reasonable amount of time.
In addition, for a fleeing and eluding charge to be valid, the police car and officer must reasonably, clearly appear to be police. To be convicted of fleeing and eluding, the prosecutor must prove intent.
The penalties for Fleeing and Eluding can be found in the table below:
Type of Offense | Penalty | Michigan Law |
4th Degree Fleeing and Eluding | Felony, punishable by imprisonment for not more than 2 years or a fine of not more than $2,000, or both. | |
3rd Degree Fleeing and Eluding AND:
OR
OR
| Felony, punishable by imprisonment for not more than 5 years or a fine of not more than $5,000, or both. | |
2nd Degree Fleeing and Eluding AND:
OR
| Felony, punishable by imprisonment for not more than 10 years or a fine of not more than $10,000, or both. | |
1st Degree Fleeing and Eluding AND:
| Felony, punishable by imprisonment for not more than 15 years or a fine of not more than $15,000.00, or both. |
Additionally, Fleeing and Eluding could lead to driver’s license suspension for up to 5 years and will result in 6 points being added to your driving record.
Although these charges can be very serious, there are several possible defenses that can keep someone’s record clean. Some of these defenses include but are not limited to:
- The individual in question did not know that the police wanted them to stop;
- The individual in question did not believe that it was safe to stop;
- The individual in question was, in good faith, trying to find an appropriate place to stop; or
- It was not clearly a police officer pulling them over.
If you or someone you know is dealing with a charge related to fleeing and eluding, it is imperative that you seek legal representation from a lawyer familiar with this area of law. Police and prosecutors will be working swiftly to build a compelling case against you. Finding a resolution that can keep someone’s criminal record clean and keep you out of jail may be available.
If you would like to set up a consultation to discuss your case further, please feel free to contact us or call (586) 413-7777 at your earliest convenience.