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Fleeing and Eluding

Fleeing and Eluding Cases With an Attorney

Driving under the influence, or DUI, carries serious consequences on its own. However, when a driver fails to obey an order to stop or ignores a signal from a police officer, an additional charge of Fleeing and Eluding may be added on top of the OVI charges. When this happens, the penalties can become far more severe than those of a standard DUI case.

In most situations, this type of charge is treated as a misdemeanor. Yet, under certain circumstances, the alleged offense can rise to the level of a felony. Prosecutors will often rely on fleeing and eluding charges to argue that the driver already knew he or she was breaking the law by getting behind the wheel while impaired. If a motorist has a suspended license or an outstanding warrant, the likelihood of fleeing increases, and the prosecution will use that fact to strengthen their case.

That said, there may also be legitimate reasons why a driver did not stop the vehicle at a signal or after receiving an order. Personal safety can be a genuine concern, particularly when an officer is not wearing a uniform or when the patrol vehicle is unmarked. Poor weather conditions can also play a role, making it difficult for a driver to see or hear the officer’s signal or command. A skilled Jefferson Ohio criminal lawyer can help present these explanations in court.

Jefferson Criminal Lawyer for Fleeing and Eluding

If you or someone you love has been charged in a case like this, and a long, stressful ordeal seems to lie ahead, turn to the team at Youngstown Criminal Law Group. We are one of the best places to find an experienced Jefferson Ohio OVI attorney who can fight your case and work tirelessly to secure justice on your behalf.

The Charges for Fleeing and Eluding in Ohio

Under Ohio Revised Code § 2921.331, fleeing and eluding is classified as a first-degree misdemeanor. Refusing to comply with a signal or order from any police officer authorized to control, direct, or regulate traffic is treated as a serious offense throughout the state.

Failure to obey these orders becomes a fourth-degree felony if the offender flees immediately after committing a felony. The crime may also be elevated to a third-degree felony for the following reasons:

  • The driver and his or her operation of the vehicle caused physical harm to a person or damage to property
  • The driver and his or her operation of the vehicle created a substantial risk to a person or property

To navigate a case like this, you will need the guidance of a knowledgeable attorney. Youngstown Criminal Law Group is exactly where you can find a dedicated Jefferson Ohio criminal lawyer ready to defend you.

When reviewing the case, the court will weigh the following factors:

  • The distance covered and the length of the pursuit
  • The speed at which the offender attempted to flee the scene
  • Whether the offender ignored traffic lights or failed to stop at signals during the pursuit
  • The number of signs, signals, or traffic lights the offender failed to obey while being pursued
  • Whether the offender continued driving without vehicle lights, even when conditions required them to be on
  • Whether the offender committed a moving violation during the pursuit, and how many times it occurred
  • Any other misconduct on the offender’s part that could amount to a serious offense

Penalties in Case of Failure to Comply

Even when the OVI case itself is dismissed, the alleged offender can still face fleeing and eluding charges. A failure to comply can add six points to the driver’s record and lead to higher insurance premiums.

In addition, fleeing and eluding can place a driver’s privileges under greater scrutiny. A misdemeanor or failure to comply may result in a suspension lasting anywhere from six months to three years. If a felony conviction is secured, the driver’s license could be suspended for three years or even for life. Consulting a trusted Jefferson Ohio criminal lawyer early on can make a meaningful difference.

Alongside these consequences, the following sentences may be imposed:

  • First-Degree Misdemeanor — Up to 180 days of imprisonment and a fine of up to $1,000;
  • Fourth-Degree Felony — Up to 18 months of imprisonment and a fine of up to $5,000; or
  • Third-Degree Felony — Up to five years of imprisonment and a fine of up to $10,000.

An experienced Jefferson Ohio OVI attorney can help you manage the fallout from these charges and build a strong defense on your behalf.

Find an Attorney for Your Case

Youngstown Criminal Law Group understands the difficult position you are in. Our Jefferson Ohio criminal lawyer has the experience needed to defend you in court and help you achieve the justice you deserve. For a free consultation, reach out to us today at (330) 791-8104.

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