If you are given a lawful command by a police officer and intentionally refuse to comply, you may be charged with fleeing and eluding. Failing to pull over after committing a traffic violation, when instructed to do so, can lead to severe penalties. While there are potential defenses for a fleeing and eluding charge, it is crucial to consult with a skilled Michigan driver’s license attorney as soon as possible if you have been accused of or charged with ignoring a direct order from a police officer.

Person running away from a police officer at dusk on an urban street, with the officer raising a stop hand signal while chasing the suspect, a police car visible in the background

Degrees of Fleeing and Eluding

In Michigan, fleeing and eluding is classified into four different degrees based on the severity of the offense:

  • Fourth Degree: Basic fleeing and eluding, often related to traffic violations, which is a felony punishable by up to 2 years in prison.
  • Third Degree: If the incident results in an accident or occurs in a speed zone with a speed limit of 35 mph or less.
  • Second Degree: If fleeing and eluding results in serious injury to another person.
  • First Degree: The most serious charge, when fleeing and eluding results in the death of another person, punishable by up to 15 years in prison.

Potential Penalties for Fleeing and Eluding

In Michigan, the penalties for fleeing and eluding a police officer are severe, with consequences that increase in severity depending on the degree of the charge. At the very least, even a fourth-degree fleeing and eluding charge is considered a felony, which can have lasting implications on your criminal record and future opportunities.

Imprisonment

The most significant penalty for fleeing and eluding is the possibility of imprisonment. Depending on the degree of the charge, a person convicted can face:

  • Fourth-Degree Fleeing and Eluding: Up to 2 years in prison.
  • Third-Degree Fleeing and Eluding: Up to 5 years in prison, especially if the incident involved an accident.
  • Second-Degree Fleeing and Eluding: Up to 10 years in prison if someone is seriously injured as a result of the fleeing incident.
  • First-Degree Fleeing and Eluding: Up to 15 years in prison if the fleeing results in the death of another person.

Hefty Fines

In addition to potential jail or prison time, those convicted of fleeing and eluding face significant financial penalties. Fines can vary depending on the degree of the offense but can reach thousands of dollars. These fines are designed to serve as a further deterrent to reckless behavior.

Driver’s License Suspension

A conviction for fleeing and eluding will almost certainly result in the suspension or revocation of the driver’s license. The length of suspension depends on the circumstances, but in severe cases, a driver’s license could be revoked for several years. This suspension can seriously impact a person’s ability to work, attend school, or manage other daily responsibilities.

Permanent Criminal Record

A felony conviction for fleeing and eluding will remain on the individual’s permanent criminal record, which can have long-lasting effects on future employment, housing opportunities, and professional licenses. Felonies are difficult to expunge, and having such a conviction can cause a lifetime of challenges.

Vehicle Forfeiture

In some cases, especially those involving more serious offenses, the state may seize the vehicle used in the commission of the crime. Vehicle forfeiture is a harsh penalty that can leave the accused without transportation, further complicating their daily life after the conviction.

Revocation of Parole or Probation

For individuals already on probation or parole for prior offenses, a charge of fleeing and eluding can lead to the revocation of their conditional release. This means they could face additional penalties related to their original charges, including being sent back to prison to serve the remainder of their sentence.

Additional Penalties

Other penalties may include increased insurance premiums, court-ordered community service, or mandatory participation in driving safety courses or substance abuse treatment programs. These penalties can vary depending on the specific facts of the case and the defendant’s criminal history.

Given the severity of these potential penalties, it is critical for anyone facing fleeing and eluding charges in Michigan to seek experienced legal representation to potentially reduce or mitigate the consequences.

Impact on Your Driver’s License

A fleeing and eluding charge in Michigan can have significant and immediate consequences for your driver’s license. If convicted, individuals face either the suspension or revocation of their driving privileges, depending on the severity of the offense. Even a fourth-degree fleeing and eluding charge, which is the least severe, typically results in an automatic license suspension. More serious offenses, such as those involving injury or death, can lead to a revocation, which is far more difficult to reverse.

For those convicted of fleeing and eluding, the Secretary of State may suspend or revoke your driver’s license as soon as the court provides notice of your conviction. A suspension can last several months to years, while a revocation can last indefinitely, especially if there are prior offenses or the case involved serious harm or fatalities.

A suspended license can eventually be reinstated after a specified period and meeting certain conditions, such as paying reinstatement fees or completing court-ordered programs. However, a revoked license is more challenging to regain. In cases of revocation, you must apply for a driver’s license reinstatement hearing through the Michigan Secretary of State’s Driver Assessment and Appeal Division (DAAD). This process often requires demonstrating a period of sobriety or good behavior, showing proof of any completed rehabilitation programs, and providing evidence that you pose no future risk to public safety.

Related Offenses

Fleeing and eluding charges in Michigan often occur in conjunction with other offenses, which can significantly increase the severity of the case and result in harsher penalties. Some of the most common related offenses include reckless driving, drunk driving (OWI), and resisting arrest. When these charges are combined, the consequences can escalate, leading to longer prison sentences, higher fines, and more severe impacts on the defendant’s driving privileges.

Reckless Driving – Reckless driving is often charged alongside fleeing and eluding, particularly if the individual was operating the vehicle in a way that endangered others. This can involve excessive speeding, weaving through traffic, or driving dangerously to evade law enforcement. A reckless driving conviction can lead to additional penalties, including up to 93 days in jail, fines, and a further suspension of your driver’s license. The presence of reckless driving in a fleeing and eluding case can demonstrate a disregard for public safety, which courts tend to view unfavorably, potentially leading to harsher sentences.

Drunk Driving (OWI) – Operating While Intoxicated (OWI) is another offense commonly associated with fleeing and eluding. If a person is attempting to evade police while under the influence of alcohol or drugs, they may be charged with both fleeing and eluding and OWI. In Michigan, OWI convictions carry severe penalties, including jail time, significant fines, and mandatory alcohol education or treatment programs. If both fleeing and eluding and OWI charges are present, the defendant faces compounded penalties, including the possibility of having their license revoked for an extended period and being required to install an ignition interlock device.

Resisting Arrest – Resisting arrest often accompanies fleeing and eluding, particularly when the individual refuses to comply with police commands even after stopping the vehicle. Resisting arrest can involve physically resisting officers or attempting to escape once out of the vehicle. This charge adds another layer of seriousness to the case, potentially resulting in additional jail time and fines. In Michigan, resisting arrest is a felony, and when combined with fleeing and eluding, it can lead to a more aggressive prosecution and a higher likelihood of incarceration.

Defenses to Fleeing and Eluding Charges

If you have been charged with fleeing and eluding in Michigan, several defenses may be available, depending on the circumstances of your case. Working with an experienced attorney is essential to developing a defense strategy that can challenge the prosecution’s claims and potentially reduce or dismiss the charges. Below are some common defenses that may be used in fleeing and eluding cases:

Lack of Intent – A critical element in fleeing and eluding charges is the intent to evade law enforcement. If the prosecution cannot prove that you willfully ignored an officer’s command, you may have a strong defense. For example, if you didn’t recognize that an officer was attempting to stop you or there was confusion about whether the officer’s signals were directed at you, it may demonstrate a lack of intent. This defense could be particularly effective in situations involving low visibility, unmarked police vehicles, or chaotic driving conditions.

Mistaken Identity – Another potential defense is mistaken identity. In some cases, the defendant may not have been the person driving the vehicle in question. This defense is applicable when multiple people could have been involved or if the vehicle was misidentified. An experienced attorney can help gather evidence, such as eyewitness testimony or video footage, to show that you were not driving the vehicle at the time of the incident.

Emergencies – There are circumstances where a valid emergency may justify not pulling over immediately. For instance, if you were experiencing a medical emergency, such as a heart attack or transporting someone in urgent need of medical attention, your actions might be excused. In such cases, your attorney would work to demonstrate that your failure to stop was based on a legitimate emergency and not an attempt to evade the police. Documentation, such as medical records or testimony from medical professionals, can strengthen this defense.

Improper Police Conduct – If the officer did not follow proper procedure during the stop or if there is evidence of misconduct, such as unlawful force or an invalid traffic stop, this could be used to challenge the charges.

Vehicle Malfunction – If a mechanical issue with the vehicle, such as brake failure or a problem with the steering, prevented you from stopping, this could provide a legitimate defense.

How a Criminal Defense Lawyer Can Help

A Michigan criminal defense lawyer plays a vital role in defending individuals charged with fleeing and eluding by offering expert legal guidance, building a strong defense, and advocating for the best possible outcome. Here’s how a skilled criminal defense attorney can help:

One of the first steps a defense lawyer will take is thoroughly investigating the incident. This involves reviewing all available evidence, such as police reports, dashcam or bodycam footage, and witness statements. By examining these materials, an attorney can uncover inconsistencies or procedural errors that could weaken the prosecution’s case. If there were factors like poor visibility, confusing signals from law enforcement, or a legitimate reason for not stopping, an attorney will work to identify and highlight these points.

The lawyer may also gather additional evidence, such as traffic or surveillance camera footage, that can prove you were not willfully trying to evade law enforcement or that you were not the person driving the vehicle. By conducting a comprehensive investigation, the lawyer can build a defense based on facts and evidence that support your case.