Fleeing and Eluding means that while driving a motor vehicle, a person willfully failed to obey a lawful police signal or command to stop. The officer signaling must be in uniform and in an identifiable police or DNR vehicle at the time of signing/commanding the stop.
There are four degrees of Fleeing and Eluding based on the result of the violation: 1. If a death occurs, it’s a 1st degree fleeing and eluding, it’s a felony with up to 15 years imprisonment and/or $5000 fine and license revocation. 2. If serious injury occurs or the defendant has prior convictions of Fleeing and Eluding, it’s 2nd degree felony with up to 10years imprisonment and/or a $5000 fine, and license revocation. 3. If a collision of accident occurs as a result, or part of the violation occurs in an area with a speed limit of 35 or less, or there are prior convictions for F&E, it’s a 3rd degree felony with up to 5 years imprisonment and/or $1000 fine, and license suspension. 4. The act of F&E is a fourth degree felony with up to 2 years imprisonment and/or $500 fine, and a license suspension.
There are some possible defenses to Fleeing and Eluding such as it was unsafe to stop immediately, there was an emergency or necessity that prevented the driver from stopping immediately, the car had equipment failure that prevented the driver from safely stopping, the police officer was not preforming a lawful duty, the driver had a reasonable belief that the person attempting to stop him was not actually a police officer, etc.
Lesser offenses include leaving the scene of an accident, failing to stop and give identification at the scene of an accident, or reckless driving.
If you have been charged with fleeing and eluding in the Oakland, Wayne or Macomb County communities of Royal Oak, Bloomfield Hills, Detroit, Warren, Troy, Rochester Hills, Farmington Hills or any surrounding area and want the best defense, call Michigan Criminal Attorney Barton Morris at (248) 541-2600. Recently voted Top Attorney in Metro Detroit for 2012 and 2013 in Criminal Defense.