When someone is instructed to halt by a police officer but does not, they are said to be evading the police. Instead, they run from the cops or carry on their journey. If a person eludes the police without any aggravating circumstances, it is merely because they disobeyed a police order to stop. County jail time for a minor conviction is roughly six months.
When aggravating circumstances like DUI are present, avoiding the police may become a felony.
It makes no difference whether a police officer commands someone to halt verbally or by flashing their lights. When you drive a car and ignore a police officer’s signals to pull over, you typically commit a felony.
The following factors must be proven to bring charges for the crime:
- You willfully attempted to elude the officer while you were driving.
- You continued to drive with the intention of avoiding the officer.
- The officer’s car was visible from the front and had at least one red light.
- You either spotted the red light or should have seen it.
- The siren of the policeman sounded.
- The police car the officer was operating was clearly marked.
- The policeman had on their outfit.
You cannot be accused of committing this crime if the district attorney cannot demonstrate the above mentioned elements. Contact a qualified criminal attorney in your area for assistance if you have any questions about these elements or other aspects that might affect your case.
An illustration would be John’s broken tail light. When a Las Vegas Metropolitan Police Department officer notices him, he flashes his red lamp and sounds the siren to request that John pull over. John waits until the song on the radio is finished before stopping because he wants to hear the whole thing.
Even though John intended to pull over for the police, he could still be charged with evasion for needlessly delaying the stop.
What Is Driving While Intoxicated?
Operating a motor vehicle while under the influence of alcohol or drugs is known as driving under the influence (DUI). Any blood alcohol concentration (BAC) at or above 0.08 is deemed above the legal limit for operating a car, making it illegal.
What Does Nevada’s Law Say About Avoiding Police While Driving Under the Influence?
When someone is driving under the influence and tries to avoid a police officer’s commands to halt, they are said to be evading police. This is a criminal offense in Nevada.
Will I Immediately Face Felony Eluding Charges Before My DUI Trial?
No. Once a person is found guilty of a DUI, the matter only escalates to felony dodging police.
What Penalties Could I Get if I’m Found Guilty of This Crime?
A category D felony is committed if a person is found guilty of eluding the police while intoxicated. A person who commits a category D felony faces a punishment of:
- One to four years in jail.
- $5,000 fine
- Both fines and jail time
There is always a chance that a person could receive probation in lieu of a prison sentence suspension.
Am I Allowed to Refuse to Stop for the Police?
Under no circumstances may a person refuse to stop if a police officer motions for them to do so. Even if the driver feels the policeman has no justification for pulling them over, they must stop when asked.
The stop is legitimate as long as the police officer can demonstrate probable cause under any statute, regulation, or safety rule. The best course of action is for the driver to find a secure location to stop and ask the police to give them a reason for the stop.
Give them the essential information they require, including your driver’s license, proof of insurance, and registration. They cannot question you more after you request to remain silent and speak with your attorney.
Do You Have a Defense Against Avoiding a Police Officer?
It’s not necessary to have actually committed the crime of avoiding a police officer to be charged with it.
A charge of eluding a police officer may be defended in one of the following ways:
- Lack of Intent: By choosing not to stop for the police, you lacked intent.
- Mistake: You were not the car’s driver
- Threats: Threats were used to coerce you into eluding the policeman
- Emergency: You had to hurry since you had an emergency in your car or somewhere else to be.
- Unmarked Vehicle or Officer: You didn’t want to stop for fear for your safety because the police officer wasn’t wearing a uniform or wasn’t driving a marked vehicle.
Deportation
Immigration judges may view evasion as a crime with moral turpitude that is punishable by deportation. To try and get their charges dropped or changed to a non-deportable offense, immigrants who are charged with a crime are strongly recommended to obtain legal counsel.
Sealing Records
Depending on the type of offense the offender was found guilty of, a waiting period for an escaping case seal may apply.
It should be noted that those convicted of felony DUI are not eligible to have the records of any other offenses sealed. A person who has been found guilty of both felony DUI and escaping would not be able to have either case sealed.
Also, the defendant may seek a record seal immediately if the evasion allegation is dropped (i.e., there is no conviction).
However, the actual record-sealing procedure takes a few weeks.
It is advised for everyone, even those with only misdemeanor offenses, to have their records sealed as quickly as possible. When running background checks, an evasion conviction can make a candidate otherwise qualified for a job less attractive to potential employers.
Similar Crimes
Resisting an Officer
When someone tries to prevent a police officer from making an arrest or performing other tasks, they are said to be resisting arrest.
Without a weapon, resisting is a misdemeanor punishable by up to $1,000 in penalties and six months in jail. However, it is a felony that carries a minimum one-year prison sentence if you use a weapon while trying to remove an officer’s weapons.
Obstructing Government Officials
Lying to or withholding information from a public officer constitutes obstruction of a public official.
Public officers include the police.
A misdemeanor conviction for obstruction carries a maximum penalty of $1,000 in fines and up to 6 months in prison.
Breaking Out of Jail
When suspects or criminals escape from the police, prison, or other detention facilities, this is referred to as eluding custody. Different punishments apply depending on the original offense for which the defendant was imprisoned.
Do I Need a Lawyer?
When you’re alone, defending oneself against a felony is incredibly challenging. Your testimony will be directly opposed to the police officer’s testimony. You will not want to go into this situation by yourself.
There are serious consequences to this charge. Your future could be in jeopardy. As a result, it is crucial to speak with a local Nevada criminal lawyer in your area about your case and discover more about your legal options. Use LegalMatch to find the right criminal lawyer for your needs today.
