Fleeing and Eluding Charges in Pennsylvania
Pennsylvania law criminalizes “fleeing and eluding” a police officer while driving. 18 PACS Section 3733 provides that “Any driver of a motor vehicle who willfully fails or refuses 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 signal to bring the vehicle to a stop” is guilty of fleeing and eluding.
The offense becomes a felony if the driver crosses a state line, flees while under the influence of alcohol or a controlled substance, or if the driver endangers a police officer.
Fleeing and eluding charges criminalize attempts to get away from a police officer who has signaled you to stop on the road. Fleeing and eluding charges are often paired with resisting arrest charges where someone further tried to prevent apprehension.
You may be able to defend against the charge if you can show a lack of probable cause, or if there is a mistaken identity. In many cases, the focus of the litigation is on whether your actions as the driver put a police officer in danger, thus justifying a felony charge.
Fleeing and eluding charges come with serious consequences beyond just the potential for jail time. In many counties, it is ineligible for first time offender programs. Unfortunately, whether as a misdemeanor or a felony, a license suspension usually follows, which can dramatically impact your life.
At Cornerstone Law Firm, our criminal defense attorneys can help you if you have been charged with fleeing or eluding, or with other crimes. It’s important that you know that you have a right to a defense, and that the Commonwealth bears the burden to prove you guilty beyond a reasonable doubt. If you have questions, call us today and set up a consultation with one of our defense attorneys and talk through your options.