Eluding Police
A serious traffic offense let’s approach this together.
Eluding Police in Virginia
Eluding police in Virginia occurs when a person fails to stop his or her car in response to the law enforcement officer’s visual or audible signal to stop. The offense can be committed by either:
· Driving a vehicle in willful and wanton disregard of a law enforcement officer’s audible or visual signal to stop, OR
· Attempting to escape or elude a law enforcement officer after being signaled to pull over (by vehicle, or by other means).
To convict an offender the Prosecutor must prove:
That the individual was driving with willful and wanton disregard of the signal. The prosecutor must show that the offender saw the lights, knew that the person signaling him was a law enforcement, and THEN disregarded that officers was signaling him to stop.
Misdemeanor penalty for Eluding:
This is a Class 2 misdemeanor.
· Punishable by up to 6 months in jail
· A fine of up to $1,000, or both
· Driver’s license suspension of not less than 30 days, but not more than one year.
When does Eluding Law Enforcement become a Felony?
This only becomes a felony under Va. Code §46.2-817(B) if, after being signaled by a law enforcement officer to pull over the individual not only continues to drive in a willful and wanton disregard of the law enforcement officer’s signal to stop, BUT the he has also endangered life. This does not require a specific individual be endangered (like a passenger or specific other motor vehicles on the road).
Felony Penalty Va. Code §46.2-817(B)-(C)
· If a person (not specified) is considered endangered this would be a Class 6 Felony.
· Imprisonment of not less than 1 year nor more than 5 years.
o May at the discretion of the Jury and Court result in confinement of not more than 12 months.
· A fine of up to $2,500.
· Driver’s license revocation.
Death of Law Enforcement Officer
· If a law enforcement officer is killed as a Direct and Proximate result of the pursuit, the person is guilty a Class 4 Felony.
· Which is punished with 2-10 years in prison
· $100,000 fine
· Driver’s license revocation for one year
