Fleeing and Eluding
Fleeing and Eluding Cases with Carrollton OVI Lawyer
Driving under the influence (DUI) brings serious consequences on its own. However, when an individual fails to comply with a police officer’s command to stop, or ignores a signal to pull over, they may face charges of Fleeing and Eluding in addition to OVI (Operating a Vehicle Impaired) offenses. This combination of charges can result in even harsher penalties compared to a standard DUI case.
While most fleeing and eluding charges constitute a misdemeanor, certain circumstances can escalate the charge to a felony. The prosecution may leverage the fleeing and eluding accusation to suggest the driver knowingly committed a crime while driving under the influence. For instance, if the driver has a suspended license or an outstanding warrant, it could be argued that the individual fled intentionally, further complicating the case for the defendant.
However, there are circumstances where the failure to stop may be justifiable. For example, the driver might fear for their safety if the pursuing officer is not in uniform or if the police vehicle is unmarked. Weather conditions or environmental factors may also hinder visibility and prevent the driver from noticing the signal or order to stop.
Carrollton Criminal Lawyer for Fleeing and Eluding Cases
If you or a loved one is facing fleeing and eluding charges, you might feel overwhelmed by the legal challenges ahead. At Youngstown Criminal Law Group, we provide experienced support from a seasoned Carrollton OVI lawyerwho can build a strong defense and advocate for justice.
Charges for Fleeing and Eluding in Ohio
Under Ohio Revised Code § 2921.331, fleeing and eluding is primarily classified as a first-degree misdemeanor. This charge applies when an individual disregards a signal or order from a police officer authorized to control traffic. However, if the offender’s actions meet certain criteria, the charge may rise to a felony.
- Fourth-Degree Felony: If the offender flees immediately after committing a felony.
- Third-Degree Felony: If the driver’s actions result in physical harm to a person or property, or if they pose a substantial risk to others.
To defend against these charges effectively, seeking the guidance of an expert Carrollton criminal lawyer is crucial. At Youngstown Criminal Law Group, our attorneys are skilled in assessing such cases to identify possible defenses and mitigate penalties.
Considerations in Fleeing and Eluding Cases
When adjudicating a fleeing and eluding case, courts will evaluate several factors, including:
- The distance and duration of the pursuit.
- The driver’s speed during the pursuit.
- Instances where the driver ignored traffic lights or signals.
- The number of traffic signals or signs ignored.
- Whether the vehicle lights were off when visibility required them to be on.
- Instances of moving violations and their frequency during the pursuit.
- Other related misconducts that may amplify the seriousness of the charges.
Penalties for Failure to Comply
Even if an OVI charge is dropped, the offender may still face significant repercussions for fleeing and eluding. A failure-to-comply conviction can result in the addition of six points to the driver’s record, potentially leading to higher insurance premiums. It may also impact driving privileges, with suspension durations as follows:
- Misdemeanor Failure to Comply— License suspension ranging from six months to three years.
- Felony Conviction— License suspension lasting three years, or even a lifetime suspension in severe cases.
Sentencing for Fleeing and Eluding
The penalties for fleeing and eluding depend on the severity of the charges:
- First-Degree Misdemeanor
- Up to 180 days in jail
- Fines up to $1,000
- Fourth-Degree Felony
- Up to 18 months in prison
- Fines up to $5,000
- Third-Degree Felony
- Up to five years in prison
- Fines up to $10,000
An experienced Carrollton OVI lawyer can help minimize the consequences of these charges by crafting a sound legal defense.
Find a Carrollton Criminal Lawyer for Your Case
At Youngstown Criminal Law Group, our attorneys understand the challenging position you’re in. Whether you’re in Carroll County or the surrounding areas, our skilled team is ready to represent you. Our dedicated Carrollton criminal lawyer will work tirelessly to defend your rights and help you achieve the best possible outcome.
Don’t face this battle alone. Contact (330) 992-3036 Youngstown Criminal Law Group today for a free consultation and take the first step toward justice.