Detroit Traffic Lawyers Explain
Fighting Fleeing & Eluding
Fleeing and Eluding is a serious traffic violation issued when a person driving a vehicle “willfully” fails to obey a lawful police signal or command to stop. There are actually 4 types or “degrees” of fleeing and eluding under Michigan law – however all are felonies.
In our previous article our experienced Detroit Traffic Lawyers explained the types of feeling and eluding, and the penalties for each offense. In this article we explain how our lawyers aggressively fight a fleeing and eluding charge.
What Is Fleeing & Eluding?
Under Michigan law, if you are given a signal by a police officer to pull over, you must stop your vehicle – or else face a fleeing and eluding charge.Many people do not realize that increasing the speed of their vehicle, turning off their headlights, or doing anything else that the officer decides is an evasive action can also be considered fleeing and eluding.
The officers signal to stop can be by hand, voice, flashing lights, spot light, emergency lights, siren, horn, or any another visual or audible signal. This can even involve pointing or waving by the cop!
Fighting a Fleeing & Eluding Charge
Our experienced Detroit traffic lawyers know that there’s “two sides to every situation” – and that there are often many additional details that should be presented in a fleeing and eluding case.
Our lawyers will examine every detail of your case in order to present a strong defense and achieve the best available result in your fleeing and eluding case.
According to the law, for you to be charged with fleeing and eluding, the officer signaling must be in uniform, and he or she must be in an identifiable police (or DNR) vehicle when commanding the stop. If the officer is not in uniform and/or is not in an identifiable police vehicle you are not required to stop.
This means that if the cop could not properly be identified as police officer, or if the vehicle they were driving did not clearly appear to be an official police vehicle, we can challenge the charges and fight to get your case dismissed – or take it to trial and present grounds for an acquittal or “not guilty” verdict.
Perhaps you did not feel safe pulling over, because the officer and/or the vehicle were not clearly identifiable. If you had a reasonable belief that the person attempting to stop you was not actually a police officer we can fight your case.
In other situations, it may have been unsafe to stop when requested because of traffic conditions, weather conditions, or other dangerous circumstances. In these cases our experienced detroit traffic lawyers can argue that you were not evading the officer, but merely waiting until you could get to a safe situation in order to do so.
In other case, you may have been in the middle of an emergency – such as a medical condition, or even childbirth – that prevented you from being able to stop and pull over. If you were going to the hospital, taking another individual for medical treatment, or in the middle of a medical episode (such as an acute diabetic or heart problem) our lawyers can also fight your fleeing and eluding case on these grounds
Other possible defenses to fleeing and eluding can include vehicle equipment failure that prevented the driver from safely stopping.
Even in cases where the facts don’t support an outright dismissal, in many cases an experienced traffic lawyer can get your charges dropped to a lesser (non-felony) offense, including: leaving the scene of an accident, failing to stop and give identification at the scene of an accident, or reckless driving.
Best Detroit Traffic Lawyers
Keep in mind that all 4 “degrees” of fleeing and eluding are felony charges. Fines range from $500 to $5,000. And, worse, prison time ranges from two years to fifteen years in Fleeing and Eluding cases. (See All Penalties HERE.) For this reason it is of the utmost importance to have an experienced lawyer handling your case.
If you are facing a fleeing and eluding charge in Detroit, Wayne County, Oakland County or Southeast Michigan our experienced lawyers will fight aggressively for you. Call us today for free consultation.