Here the State has to prove that both a visual or audible signal was given, that you heard You will also likely get your license suspended or even revoked, â¦ Fleeing and eluding is a felony of the third degree, is the driver if fleeing during any of the following: â(i) commits a violation of section 3802 (relating to driving under influence of alcohol or controlled substance); (ii) crosses a State line; or I offer a no-obligation, free consultation on telephone or in person. The client promptly followed his attorney’s advice to take a drug and alcohol evaluation, enroll and complete the recommended classes, and maintain solid employment for more than one year before the case came to trial. The minimum jail sentence for fleeing or attempting to elude sits at ten days, while the maximum can reach as high as 12 months. What to do the morning after you received a DUI. As each case presents unique facts, feel free to contact me to discuss the facts of your case. The charge is difficult for the State to prove if you did not take an unusual step such as increase your speed or extinguish you lights after the signal was given by the police officer. Although car chases can be fun Hollywood entertainment, being convicted of this crime is a serious matter that can result in steep fines and long jail sentences. Is a employer really going to deny me a job if my only arrest EVER was fleeing and eluding? If the jury believes you, they will conclude that you weren't fleeing or eluding the officer. Provided, the officer giving such signal shall be in police uniform, and, if driving a vehicle, such vehicle shall display illuminated oscillating, rotating or flashing red or blue lights which when used in conjunction with an audible horn or siren would indicate the vehicle to be an official police vehicle. If a police officer is traveling in the opposite direction and then turns around to pull you over but cannot locate your vehicle right away, this is not fleeing and eluding unless the State can prove you took actions to elude, (get away), for example making multiple turns down streets you would not otherwise travel if not for the police officer trying to locate you. Fleeing or attempting to elude a police officer is a serious criminal charge in Florida. I saw a cop and he started to pull out. 7 (1991). Such requirement shall not preclude the use of amber or white oscillating, rotating or flashing lights in conjunction with red or blue oscillating, rotating or flashing lights as required in Section 12-215 of Chapter 12. While we felt strongly that we could get the DUI charges dismissed, it seemed that there was no escaping the felony charges and its accompanying jail time sentence. (b) Upon receiving notice of such conviction the Secretary of State shall suspend the drivers license of the person so convicted for a period of not more than 6 months for a first conviction and not more than 12 months for a second conviction. A criminal charge of fleeing or evading the police may be either a misdemeanor or felony charge, depending on the circumstances. For more information, or to request a case evaluation, contact our law office at 1-770-822-0900. Assuming there is no accident or injuries as a result of the fleeing, tt is a third degree felony which can carry a maximum sentence of 5 years in prison. The Illinois traffic charge of âFleeing or Attempting to Elude a Peace Officerâ is: 625 ILCS 5/11-204 Fleeing or attempting to elude a peace officer. Depending on the facts of the case, it can be charged as a second-degree or first-degree felony. Illinois Traffic Charge: Failure to Reduce Speed to Avoid an Accident. Fleeing or Eluding Police Officer 4th Degree is a class G felony charge that carries up to 2 years in prison. Â© 2017 WinWithYoung.com | Illinois DUI and Criminal Law Attorney. Little v. State 202 Ga. App. All of the charges were misdemeanors, except for Fleeing and Attempting to Elude. Domestic Violence Attorney Gwinnett County, Traffic Violation Attorney Gwinnett County, White Collar Crime Attorney Gwinnett County. (a) Any driver or operator of a motor vehicle who, having been given a visual or audible signal by a peace officer directing such driver or operator to â¦ In either case, penalties depend on the severity of the crime charged, and can include: Your case is a fact-specific case. The severity of the fleeing and eluding charge you face depends on your driving record and the circumstances of the incident. As you can see, the crime of fleeing to elude law enforcement in the state of Florida is extremely serious, with very harsh penalties. A person may be charged 4th degree fleeing and eluding if there was no accident and it was their first offense.