Fleeing and Eluding Charges in Pennsylvania

Driving under the influence of DUI carries serious consequences on its own. However, if a driver fails to stop when signaled by a police officer, they may face an additional charge: Fleeing and Eluding. This charge, when combined with DUI, often leads to much harsher penalties than a standard impaired driving case.

Typically, Fleeing and Eluding is classified as a misdemeanor. However, certain aggravating factors can elevate the charge to a felony. Prosecutors often use evidence of flight to argue that the driver was conscious of their intoxication and trying to evade arrest. If a driver already has an outstanding warrant or a suspended license, the prosecution may argue this gave them a strong motive to flee.

That said, there are legitimate defenses. A driver might not stop immediately due to personal safety concerns— for example, if the officer is in plain clothes or driving an unmarked vehicle. Environmental factors, like severe weather, may also prevent a driver from seeing or hearing the officer’s signal.

Mercer Criminal Defense for Fleeing and Eluding

If you or a loved one are facing these serious allegations, you are likely looking at a complex legal battle. At Logue Law Group, we provide the aggressive representation you need. Our team includes an experienced Mercer criminal lawyer who can build a strong defense strategy to fight for your rights and seek the best possible outcome.

Understanding the Charges Under Pennsylvania Law

According to Pennsylvania Revised Code § 2921.331, Fleeing and Eluding is generally a first-degree misdemeanor. This statute makes it illegal to fail to comply with any lawful order or signal given by a police officer authorized to direct traffic.

However, the situation escalates quickly depending on the circumstances. If a driver flees immediately after committing a felony, the charge becomes a fourth-degree felony. Furthermore, the offense can be elevated to a third-degree felony if:

• The driver’s operation of the vehicle caused physical harm to any person or property.
• The driver’s actions created a substantial risk of serious physical harm to a person or property.

Navigating these felony enhancements requires skilled legal guidance. A qualified Mercer DUI lawyer can evaluate the specific details of your situation to determine the best path forward.

Factors the Court Considers

When determining the severity of the offense and potential sentencing, the court looks at the specific details of the chase. Judges often review:

• Duration and distance: How long and how far the pursuit lasted.
• Speed: The rate of speed at which the defendant drove while fleeing.
• Traffic signals: Whether the driver ran stop signs or red lights during the pursuit.
• Frequency of violations: The total number of traffic signals or signs ignored.
• Lighting: Whether the driver turned off their headlights to avoid detection when lights were required.
• Moving violations: If other traffic laws were broken during the chase and how often.
• General misconduct: Any other dangerous behaviors exhibited by the driver during the incident.

To challenge the prosecution’s narrative regarding these factors, it is crucial to consult with a knowledgeable Mercer criminal lawyer.

Penalties for Failure to Comply

It is important to note that a driver can be convicted of Fleeing and Eluding even if the underlying DUI charge is dismissed. A conviction for failure to comply results in six points being added to your driving record, which almost always triggers a significant increase in insurance premiums.

Beyond points and insurance hikes, Fleeing and Eluding convictions put your driving privileges at severe risk. A misdemeanor conviction can result in a license suspension ranging from six months to three years. If convicted of a felony, the suspension is mandatory and can range from three years to a lifetime revocation.

In addition to license issues, the criminal sentences are steep:

• First-Degree Misdemeanor: Jail time of up to 180 days and fines reaching $1,000.
• Fourth-Degree Felony: Prison time of up to 18 months and fines reaching $5,000.
• Third-Degree Felony: Prison time of up to five years and fines reaching $10,000.

Facing these potential penalties alone is risky. An experienced Mercer DUI lawyer can help mitigate these consequences and advocate for your future.

Contact a Criminal Lawyer Today

Logue Law Group understands the stress and uncertainty you are facing. We are dedicated to providing robust legal support to residents in Mercer County and beyond. If you need a Mercer criminal lawyer to defend you in court, don’t hesitate. Contact us at 412.389.0805 today to schedule your free consultation.