Failure to Stop for Police – “Eluding”

In Virginia, if a police officer signals (either visible or audible) for you to stop your motor vehicle, it is a Class 2 misdemeanor for you to continue driving your vehicle in a "willful or wanton" disregard of such signal or to escape or elude the officer whether on foot, in your vehicle or other means. Eluding may elevate to a Class 6 felony charge if your operation of the vehicle endangered the police vehicle or any person, including yourself. If a law enforcement officer is killed as a part of pursuit after your eluding, the charge will likely be a Class 4 felony.

If convicted of an eluding offense, your driver's license will be suspended a minimum 30 days up to one year. However, if convicted and your speed is determined to exceed 20 mph or more above the maximum allowed speed limit, then your driver's license will be suspended a minimum of 90 days.

If you've been charged with failure to stop for police or "eluding", don't make the common mistake of trying to go it without an experienced Virginia criminal defense lawyer. You need an aggressive and knowledgeable Virginia lawyer who will fight for your rights and, where appropriate, negotiate a favorable outcome. Let us be your legal advocate.

If saving your driver's license, limiting fines, and avoiding or minimizing a jail sentence are important to you, call The Wilson Law Firm at 703-361-6100 or toll free at 1-888-384-5997 for a free, no obligation consultation.

§ 46.2-817. Disregarding signal by law-enforcement officer to stop - eluding police.

A. Any person who, 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, is guilty of a Class 2 misdemeanor. It shall be an affirmative defense to a charge of a violation of this subsection if the defendant shows he reasonably believed he was being pursued by a person other than a law-enforcement officer.

B. Any person who, 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 is guilty of a Class 6 felony. It shall be an affirmative defense to a charge of a violation of this subsection if the defendant shows he reasonably believed he was being pursued by a person other than a law-enforcement officer.

C. If a law-enforcement officer pursues a person as a result of a violation of subsection B and the law-enforcement officer is killed as a direct and proximate result of the pursuit, the person who violated subsection B is guilty of a Class 4 felony.

D. When any person is convicted of an offense under this section, in addition to the other penalties provided in this section, the driver's license of such person shall be suspended by the court for a period of not less than thirty days nor more than one year. However, in any case where the speed of such person is determined to have exceeded the maximum allowed by twenty miles per hour, his driver's license shall be suspended by the court trying the case for a period of not less than ninety days. In case of conviction and suspension, the court or judge shall order the surrender of the license to the court, which shall dispose of it in accordance with the provisions of §46.2-398.

E. Violation of this section shall constitute a separate and distinct offense. If the acts or activities violating this section also violate another provision of law, a prosecution under this section shall not prohibit or bar any prosecution or proceeding under such other provision or the imposition of any penalties provided for thereby.

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