Fleeing and Eluding
Fleeing and Eluding Cases with Cadiz OVI Lawyer
Driving under the influence (OVI/DUI) already comes with significant consequences. However, if the offender—or alleged offender—fails to comply with an officer’s command to stop or ignores traffic signals, they could face an additional charge of Fleeing and Eluding. Combined with an OVI, this often leads to harsher penalties than those from a standard DUI case.
While Fleeing and Eluding is often classified as a misdemeanor, certain circumstances can escalate the offense to a felony. Prosecutors may use this charge to argue that the driver was aware of their wrongdoing and attempting to evade the law. If the driver has an outstanding warrant or a suspended license, such behaviors might make the prosecution’s case even stronger.
On the other hand, there can be valid justifications for not stopping immediately. These might include personal safety concerns, especially if the officer is in an unmarked vehicle or not visibly identified as law enforcement. Additionally, poor weather conditions could explain why a driver failed to see or hear a signal.
Cadiz Criminal Lawyer for Fleeing and Eluding
If you or your loved one is facing such charges, it’s crucial to act fast. At Harrison Criminal Law Group, we understand the anxiety such situations bring. With the help of an experienced Cadiz criminal lawyer, you can build a solid defense and work toward justice.
The Charges for Fleeing and Eluding in Ohio
Under Ohio Revised Code § 2921.331, Fleeing and Eluding is generally considered a first-degree misdemeanor. This offense occurs when a driver fails to comply with traffic control measures or disobeys the orders of a police officer authorized to direct traffic.
If the driver flees immediately after committing a felony, the charge may be elevated to a fourth-degree felony. Additionally, it can escalate to a third-degree felony for the following reasons:
- Physical Harm or Property Damage: If the driver’s vehicle operation causes physical damage or injury.
- Substantial Risk: If the driver’s actions pose a considerable risk to individuals or property.
To handle such cases effectively, you need expert legal assistance. A skilled Cadiz OVI lawyer from Harrison Criminal Law Group can help you strategize and defend against these charges.
Key Factors Courts Consider in Fleeing and Eluding Cases
Courts carefully analyze various factors when addressing Fleeing and Eluding charges. These include:
- Distance and Duration of Pursuit: How far and for how long the driver attempted to evade law enforcement.
- Speed During Pursuit: The rates at which the driver fled the scene.
- Traffic Light Compliance: Whether the driver disregarded traffic lights or signals during the pursuit.
- Quantity of Ignored Signals or Lights: How many stop signs or signals the driver failed to adhere to.
- Vehicle Light Usage: Failure to keep headlights on when required during the pursuit.
- Moving Violations: Any violations committed during the pursuit and their frequency.
- Other Misconduct: Additional driver actions that might elevate the severity of the offense.
Penalties for Fleeing and Eluding
Even if an OVI charge is dismissed, Fleeing and Eluding charges can lead to serious repercussions. Upon conviction, offenders can face the following penalties:
- Driving Record Points: Six points added to the driving record, increasing insurance rates.
- License Suspension:
- Misdemeanor Conviction – Suspension for six months to three years.
- Felony Conviction – Suspension for three years or potentially for life.
- Sentencing:
- First-Degree Misdemeanor – Up to 180 days in jail and fines up to $1,000.
- Fourth-Degree Felony – Up to 18 months in prison and fines up to $5,000.
- Third-Degree Felony – Up to five years in prison and fines up to $10,000.
Having an experienced Cadiz traffic ticket lawyer by your side can be instrumental in reducing these penalties or defending against the charges entirely.
Find a Cadiz Criminal Lawyer for Your Case
At Harrison Criminal Law Group, we understand the challenges you face. Our skilled Cadiz criminal lawyers have handled numerous Fleeing and Eluding cases across Harrison County, delivering successful outcomes for our clients.
For expert advice and a defense strategy tailored to your situation, contact us today for a free consultation. Don’t face these charges alone— (330) 992-3036 our Cadiz criminal lawyers are ready to stand by you every step of the way.