Fleeing and Eluding
Fleeing and Eluding Cases with a Warren, Trumbull County, OH, OVI Lawyer
Driving under the influence (DUI) or operating a vehicle while intoxicated (OVI) comes with serious consequences. However, if a driver fails to stop at the signal or order given by a police officer, they may also be charged with Fleeing and Eluding in addition to OVI charges. This can lead to penalties that are more severe than those for a typical DUI.
While such cases are usually classified as misdemeanors, certain circumstances can elevate them to felonies. Prosecutors often use fleeing and eluding charges to argue that the driver knowingly committed a crime by driving under the influence. If the driver has a suspended license or an outstanding warrant, it’s easier for the prosecution to prove the motive for fleeing.
However, there can be justifiable reasons for a driver not stopping, such as concerns for personal safety, especially if the officer is not in uniform or the police vehicle is unmarked. Poor weather conditions might also prevent the driver from seeing or hearing the signal or order.
Warren Criminal Lawyer for Fleeing and Eluding
If you or a loved one has been charged with fleeing and eluding, you may be facing a prolonged period of stress and legal challenges. At Youngstown Criminal Law Group, our experienced Warren OVI lawyers are ready to defend your case and help you seek justice.
The Charges for Fleeing and Eluding in Ohio
According to Ohio Revised Code § 2921.331, fleeing and eluding is considered a first-degree misdemeanor. Failing to comply with a signal or order from an authorized police officer who controls, directs, or regulates traffic is a serious offense.
If the offender flees immediately after committing a felony, the charge can escalate to a fourth-degree felony. Additionally, it can become a third-degree felony in the following scenarios:
- The driver’s actions cause physical harm to any person or property.
- The driver’s actions pose a substantial risk to any person or property.
To handle such cases, you will need the expertise of a seasoned Warren criminal lawyer. Youngstown Criminal Law Group is where you’ll find the best Warren OVI lawyer to defend you.
When dealing with these cases, the court will consider various 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 obey.
- If the offender drove without vehicle lights when it was necessary.
- Any moving violations committed during the pursuit and the frequency of these violations.
- Other misconducts that could constitute a serious offense.
Penalties for Failure to Comply
Even if the OVI case is dismissed, the alleged offender can still be charged with fleeing and eluding. Failure to comply can result in six points being added to the driver’s record and increased insurance rates.
Additionally, fleeing and eluding can lead to heightened scrutiny over driving privileges. A misdemeanor or failure to comply can result in a suspension of driving privileges for six months to three years. If a felony conviction is proven, the driver’s license could be suspended for three years to life.
Penalties include:
- First-Degree Misdemeanor — Up to 180 days in jail and a fine of up to $1,000.
- Fourth-Degree Felony — Up to 18 months in prison and a fine of up to $5,000.
- Third-Degree Felony — Up to five years in prison and a fine of up to $10,000.
An experienced Warren criminal lawyer can assist you in navigating the consequences of these charges and help mount a defense.
Find a Warren OVI Lawyer for Your Case
At Youngstown Criminal Law Group, we understand your situation. Our experienced Warren criminal lawyers are here to defend you in court and help you achieve justice. For a free consultation, connect with us today or call us at (330) 992-3036.