Fleeing and Eluding a Police Officer

Pennsylvania Fleeing and Eluding a Police Officer Attorney

In Pennsylvania it is a crime for anyone to “willfully fail or refuse to bring his vehicle to a stop, or who otherwise flees or attempts to elude a pursuing police officer, when given a visual and audible to bring the vehicle to a stop.” The Fleeing and eluding statute can be found in the Pennsylvania Motor Vehicle Code at 75 Pa.C.S. §3733. Fleeing and eluding a police officer is graded as a misdemeanor of the second degree. Upon conviction, you will be required to pay a mandatory $500.00 fine in addition to court costs. Fleeing and eluding a police officer will be graded as a felony of the third degree if the driver of the vehicle does any of the following: 1) drives under the influence of alcohol; 2) crosses a State line; or 3) endangers police or members of the public due to the driver engaging in a high-speed chase. It is a defense to Fleeing and eluding if the police vehicle was unmarked or the police officer was not in uniform or displaying a badge or other sign of authority. It is also a defense if the defendant can show by a preponderance of the evidence that his failure to stop was based upon a good faith concern for personal safety. Per §3733(c)(2), the judge may consider the following in determining if the failure to stop was based upon a good faith concern for personal safety: 1) the time and location of the event; 2) the type of police vehicle used; 3) the defendant’s conduct while being followed by police; 4) whether the defendant stopped at the first available reasonably lighted or populated area; 5) any other factor.

License Suspension Consequences of a Fleeding and Eluding Conviction

A conviction or adjudication of delinquency for Fleeing and eluding a police officer will result in a twelve-month license suspension. If the disposition is by a juvenile consent decree, the suspension will be for six months. A conviction under §3733 is counted toward a habitual offender status. Also, out-of-state offenses reported to Penndot will result in a twelve-month suspension.

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Contact Jason R. Antoine, Fleeing and Eluding a Police Officer attorney for a free consultation if you or someone you know is charged with Fleeing and eluding and possibly other offenses.