Evading or refusing to stop for the police after being told to do so is a crime. Even if the driver feels the police have no right to stop them, they must comply or risk being charged with a crime. A person in Nevada who disobeys a police order to halt their car could be charged with evading arrest on a misdemeanor or felony level.
While chase scenes in movies are thrilling, they typically have a negative outcome in real life.
Failing to stop when ordered to do so by a police officer is a criminal offense. This includes refusing to stop for police or avoiding a police officer. It makes no difference whether a police officer commands someone to halt verbally or by flashing their lights. It is criminal not to stop for the police, regardless of what the officer indicates.
Eluding police is a misdemeanor that carries a maximum penalty of $1,000 in fines or six months in county prison. Another option is to accuse someone of a felony. Depending on the case’s specifics, a person may be charged with one or more felonies related to avoiding the police.
The following factors must be proven in order to bring charges for the crime:
- Willfully attempting to evade a police officer from a vehicle while traveling;
- The officer’s car had at least one red light flashing from the front, and the driver continued to drive to avoid the officer.
- The police officer’s siren was on;
- The cop was in uniform and driving a car with distinguishing markings.
What Is the Evading Crime in Nevada?
In Nevada, simply avoiding the police is a misdemeanor. Because there were no aggravating circumstances when the suspect eluded the police, this is a lower offense. A misdemeanor conviction for escaping punishment carries a $1,000 fine or a six-month county prison sentence.
However, the offense of eluding police becomes a felony if a person is simultaneously charged with being the direct cause of another person’s death or physical harm while they are doing it. This is because proximately causing another person’s death or physical harm is an aggravating circumstance for the offense of eluding police.
Am I Allowed to Refuse to Stop for the Police?
Under no circumstances may a person refuse to stop when a police officer motions for them to pull over and stop. The driver must pull over upon request, even if they believe the police officer has no legal basis for stopping them.
The stop is legitimate as long as the police officer can show that there was a reasonable suspicion of a violation of a law, ordinance, or traffic safety rule. The best course of action is for the driver to locate a secure area to stop and allow the officer to explain their reasoning for halting the vehicle.
The driver must provide the police with the required documents, including their driver’s license, insurance documentation, and proof of registration. After presenting the proper information, a person may request to speak with their attorney while keeping their mouth shut. An individual can no longer be questioned by the officer when they request to talk to their attorney.
Is it a Misdemeanor to Refuse to Stop?
The driver’s actions play a big part in determining whether a failure to stop charge is a felony or misdemeanor. For instance, whether or not the driver intentionally evades the police, leading them on a high-speed chase will result in felony charges.
The charges may be more severe if the pursuit results in an accident. The driver who refuses to stop for police officials can be charged with dangerous driving and other offenses.
If someone does stop as directed, albeit slowly, the failure to stop right away may only be punished as a misdemeanor.
What Does Being the Direct Cause of a Victim’s Death or Injury Mean?
Although the proximate cause is frequently utilized in tort law, criminal law also heavily relies on it. Having a person as the legal cause of the crime is referred to as a proximate cause. This indicates that they are directly accountable for the crime rather than merely being a pawn employed by someone else to perform it.
What Is the Penalty for This Offense?
A category B crime is causing another person’s death or serious physical harm while eluding the authorities. This particular felony carries the following sentence:
- Two to twenty years in jail
- $50,000 maximum fine
What Should I Do If a Police Officer Stopped Me?
Consider the following advice if you are pulled over by a police officer in a marked vehicle for a traffic infraction to improve your chances of avoiding receiving a ticket. It will lessen the anxiety of the traffic stop:
- If you don’t slow down and safely pull over right away, you could be charged with avoiding the police;
- Remain composed; keep in mind that the main objective is to get through the encounter and reach your destination;
- Extinguish the engine;
- Keep both hands on the wheel with a clear line of sight
What Do I Do If a Police Car Isn’t Marked?
For performing traffic stops, several police departments employ both marked and unmarked patrol cars. However, there are times when the person attempting to stop you in an unmarked automobile may be a fraudster posing as a police officer to commit a crime. It’s against the law to impersonate a police officer, but it does happen.
The ideal method is to:
- Turn on the four-way danger lights to let the officer know you’re going to stop;
- Ask the 911 operator to confirm that the person you saw is a real police officer. Try to provide the dispatcher with the location and the make, model, and license plate of both vehicles;
- Activate your danger lights and travel to the closest lit-up area;
- Ask a uniformed officer to respond if an officer in plain clothes drives the unmarked car;
- A law enforcement official must display their badge upon request, and no legitimate police officer would decline to do so;
- Always verify that the person is, in fact, a police officer;
- Request the arrival of an officer in uniform.
Contact a lawyer if you have any questions regarding police procedures, or about your rights in relation to a criminal investigation.
Do I Need the Help of an Attorney?
Hiring a Nevada criminal attorney is essential for this kind of criminal charge. It would help if you, therefore, got legal counsel right away.
If you have been charged with failing to stop for an office or willfully evading a stop, you probably want to consult an experienced criminal defense lawyer. The lawyer can analyze the facts of your case and advise you on the best way forward.
The lawyer can handle pre-trial plea negotiations and any hearings or trials that may be necessary. You will most likely get the best possible outcome with an experienced criminal defense lawyer representing your interests.
If you believe you were dealt with unfairly by a police officer or police department, a criminal defense lawyer can also advise you about solutions to a problem with an officer.
