Fleeing and Eluding

Fleeing and Eluding Cases With Warren, Trumbull County, Ohio OVI Lawyer

Driving under the influence (DUI) comes with its own set of consequences. However, when a driver fails to comply with a police officer’s signal or order to stop, they may also face charges of fleeing and eluding. This can lead to more severe penalties beyond those associated with OVI (Operating a Vehicle under the Influence) offenses.

Generally, fleeing and eluding cases are considered misdemeanors. However, in certain situations, they can escalate to felony charges. Prosecutors often use these charges to argue that the driver was aware they were committing a crime by driving under the influence. If a driver has a suspended license or an outstanding warrant, they are more likely to flee, and prosecutors will easily prove this point.

There are, however, justifiable reasons for a driver not stopping at a signal or after receiving an order. Personal safety concerns, especially when the officer isn’t in uniform or the police vehicle is unmarked, can be valid. Additionally, adverse weather conditions might prevent the driver from seeing or hearing the signal or order.

Warren, Trumbull County, Ohio Criminal Lawyer for Fleeing and Eluding

If you or your loved ones face such charges and are dealing with the stress and harassment that come with them, reach out to us at Youngstown Criminal Law Group. Our team includes some of the best Warren OVI lawyers, who will fight your case and seek justice on your behalf.

The Charges for Fleeing and Eluding in Ohio

Under the Ohio Revised Code § 2921.331, fleeing and eluding is classified as a first-degree misdemeanor. Failure to comply with a signal or order from an authorized police officer is a serious offense.

If the offender flees immediately after committing a felony, the offense becomes a fourth-degree felony. This crime can escalate to a third-degree felony for the following reasons:

• Causing Physical Harm: The driver’s actions result in physical damage to any person or property.
• Posing Substantial Risk: The driver’s operation of the vehicle poses a significant risk to people or property.

Factors Considered by the Court

When dealing with a fleeing and eluding case, the court will consider several factors, including:

• The distance and duration of the pursuit
• The speed at which the offender attempted to flee
• Whether the offender ignored traffic lights or signals during the pursuit
• The number of signals, signs, or traffic lights the offender failed to stop at
• Whether the offender drove without vehicle lights when necessary
• The number of moving violations committed during the pursuit
• Other misconducts that constitute a serious offense

Penalties for Failure to Comply

Even if the OVI case is dismissed, the alleged offender can still face charges of fleeing and eluding. Failure to comply can add six points to the driver’s record and increase insurance rates. Additionally, it can raise suspicions regarding driving privileges. A misdemeanor or failure to comply can result in a suspension lasting from six months to three years. In cases of felony conviction, the driver’s license can be suspended for three years to a lifetime.

Possible Sentences

The following sentences may be issued:

First-Degree Misdemeanor: Up to 180 days of imprisonment and a fine of up to $1,000

Fourth-Degree Felony: Up to 18 months of imprisonment and a fine of up to $5,000

Third-Degree Felony: Up to five years of imprisonment and a fine of up to $10,000

An experienced Warren criminal lawyer can help you manage the consequences of these charges and provide a strong defense.

Find a Warren OVI Lawyer for Your Case

Youngstown Criminal Law Group understands your predicament. Our experienced Warren criminal lawyers will defend you in court and work tirelessly to secure justice for you. For a free consultation, connect with us today (330) 992-3036.