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Fleeing and Eluding Cases With a New Castle OVI Attorney

Driving under the influence carries its own set of severe consequences. However, when an offender or alleged offender refuses to comply with an order to stop or a signal given by a police officer, they may face additional charges for Fleeing and Eluding alongside the OVI. This complicates the legal situation significantly and often results in penalties far more serious than a standard DUI case.

The case is typically classified as a misdemeanor, but specific circumstances can elevate the alleged crime to a felony. Prosecutors often use fleeing and eluding charges to argue that the driver was fully aware they were committing a crime by driving while impaired. If the motorist has an outstanding warrant or a suspended license, they are statistically more likely to flee, a fact the prosecution will use to prove motive. To navigate these compounded legal challenges, you need the assistance of a skilled New Castle DUI lawyer.

However, there are often justifiable reasons why a driver might not stop immediately upon seeing a signal or receiving an order. The driver may have valid personal safety concerns, particularly if the officer is not in uniform or if the police vehicle is unmarked. Additionally, severe weather conditions can prevent a driver from seeing the signal or hearing the order clearly.

Lawyer for Fleeing and Eluding Defense

If you or a loved one has been charged with these offenses and are facing a long period of legal harassment, contact the Youngstown Criminal Law Group immediately. We are a premier firm where you can find a dedicated New Castle criminal lawyer who is ready to fight your case and pursue justice on your behalf.

The Charges for Fleeing and Eluding in Ohio

Under Ohio Revised Code § 2921.331, fleeing and eluding is generally considered a first-degree misdemeanor. It is defined as a failure to comply with a lawful order or signal from any police officer authorized to direct, control, or regulate traffic. This is a serious offense in the eyes of the law.

Failure to comply becomes a fourth-degree felony if the offender flees immediately after committing a felony. The crime escalates to a third-degree felony if specific aggravating factors are present, which a New Castle DUI lawyer can help you identify:

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

To manage a case of this magnitude, you require expert legal assistance. The Youngstown Criminal Law Group is the destination to find the best New Castle criminal lawyer to defend your rights.

While adjudicating the case, the court will take the following factors into consideration:

  • The duration of the pursuit and the distance covered.
  • The speed at which the offender drove while attempting to flee the scene.
  • Whether the offender failed to stop at traffic lights or stop signs during the pursuit.
  • The total number of signs, signals, or traffic lights the offender ignored.
  • If the offender drove without vehicle lights, even when visibility required them to be on.
  • If the offender committed moving violations during the pursuit and the frequency of those violations.
  • Any other misconduct by the offender that constitutes a serious offense.

Penalties in Case of Failure to Comply

Even if the primary OVI case is dismissed, the alleged offender can still be convicted of fleeing and eluding. Failure to comply can add six points to the driver’s record and cause insurance rates to skyrocket.

Furthermore, fleeing and eluding charges cast doubt on your eligibility for driving privileges. A misdemeanor conviction for failure to comply can result in a license suspension ranging from six months to three years. If a felony conviction is proven, the driver’s license can be suspended for anywhere from three years to life. To mitigate these risks, it is vital to consult a New Castle DUI lawyer.

In addition to license issues, the following sentences can be issued:

  • 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.
  • Third-Degree Felony: Up to five years of imprisonment and a fine of up to $10,000.

An experienced attorney can help you deal with the consequences of these charges and build a strong defense.

The Youngstown Criminal Law Group understands the difficult position you are in. Our team includes a New Castle criminal lawyer experienced in defending clients in court and helping them achieve justice. Connect with us at (330) 992-3036 today for a free consultation.

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