Serving Clients During COVID-19. Learn More »
Avvo Rating 10 Top Attorney Criminal Defense
Avvo Top Contributor 2015 Criminal Defense
Avvo Clients' Choice
Avvo Clients' Choice Award 2017
Top 100 Trial Lawyers
Expertise Best Employment Lawyers in Los Angeles
Expertise Best DUI Lawyers in Orlando

Fleeing and Attempting to Elude a Law Enforcement Officer

To understand the charge of fleeing and attempting to elude, we need to talk about what's happening out there with my clients. I had a client who decided to dress up his Mustang for Halloween. He had red & blue police lights, he had the badges and graphics on each side. He then dressed up as a cop and pulled over a woman and kidnapped her. He let her go after just 5 minutes of being cuffed, even the fake-arrested woman thought it was odd that she was put in the passenger seat of a mustang--but the point of all this is, you never really know who's pulling you over.

And, it is those few seconds where you're wondering if this is real, or if they're after the person in front of me (that's what I always hope, right?), its that sort of delay that can get you in trouble.

The point is, this crime happens when an impatient officer feels as though you're not pulling over as soon as the officer thinks you should. Really, this charge is just a trumped up resisting an officer without violence, if you're familiar with that crime.

This is serious stuff, the most basic fleeing charge is a felony that carries a maximum of five years in prison, but it doesn't take much to have the charge upgraded to a second degree felony where the prison time runs up to 15 years. If someone is injured during the fleeing incident, the charge carries a minimum mandatory 3 years in prison, no gain time, and the government is entitled to seize the car used to flee. And, every fleeing conviction comes with a minimum one year driver's license suspension, but the judge can go up to five years on this.

The good news is, there are plenty of defenses to a fleeing charge. I find that when I read an arrest report for a fleeing charge, it always sounds worse than what actually happened, so I'll always pull the body cam, dash cam, and traffic cams on these cases to show what really happened.

Also, we defense attorneys are going to be checking to see if the cop car had the proper agency insignia and jurisdictional markings on it to make this crime stick.

For example, in the case of Slack v. State, Slack was convicted of fleeing and attempting to elude because the officer testified that he was driving a "marked patrol car with lights on top." The appeals court threw out Slack's conviction, holding that just having a "marked car" isn't enough. To convict for fleeing, you've got to prove that there is first, an agency insignia on the car and, second, that there are jurisdictional markings displayed on the vehicle. Slack's cop only testified as to the insignia, not the jurisdictional marking. So, fleeing case dismissed. So, there's lots of technicalities here, and there is hope. Good luck on your case, and thanks for watching.

Client Reviews
"I can not express better my gratitude to John Guidry. His customer service exceeded my expectations. He always listened to my needs and my case and he explained in details every options I have and the steps to take. He maintained full communication with me and answered to my calls in less than five minutes. It was worth every single penny. I highly recommend this lawyer." J.P.
"I spoke to a couple of attorney's before speaking to John and I knew right away he was the attorney I would hire. He is very professional and a very caring individual. He is up front about the cost of service, with no surprises. I am in my late 50's and was never in trouble with the law and he made me feel very comfortable and reassured me of a positive outcome.....which it was. I highly recommend The Law Firm of John Guidry II." M.C.
"John Guidry worked closely with my family over a trivial matter. However, he treated it like it was the only case on his plate. He was kind, patient, professional, and just an excellent person to have on our side. While we reached out to him over a year ago, we are still constantly in contact with him. He makes sure there is no question left unanswered and personally reaches out to you himself whenever he possibly can. Very grateful for you, John!" K.P.