A fleeing and eluding charge is one of the most severe traffic offenses a person can face in Pennsylvania. Depending on the circumstances, the police can file the charges as a misdemeanor or a felony. If convicted, you could be sentenced to jail time and have your driving privileges suspended for a year or longer. Hiring an experienced PA fleeing and eluding lawyer is critical if the local or state police cite you for fleeing and eluding.
Fleeing and Eluding PA
Many clients ask: What is fleeing and eluding? Any driver of a motor vehicle who willfully fails or refuses to bring their vehicle to stop, or who otherwise flees or attempts to evade a pursuing police officer or officers, when given a visual (overhead lights) and audible signal (siren) to bring the car to a halt, commits the crime of fleeing and eluding.
Except as listed below, fleeing and eluding the police is a 2nd-degree misdemeanor. In addition, a driver convicted of a fleeing and eluding misdemeanor offense shall pay an additional fine of $500. This fine will be in addition to all other fines, court costs, jail sentences, or other penalties.
Is Fleeing and Eluding a Felony in PA?
Yes, in the majority of cases. Fleeing a police officer during a vehicle pursuit is a 3rd-degree felony under the following circumstances:
- You are eluding the police while driving under the influence
- You are attempting to elude the police while engaged in a dangerous high-speed chase
- Your driving behavior while eluding the police places the police or the public in danger
- You are fleeing or attempting to elude the police, and you cross a state line
In all other scenarios, fleeing and eluding the police is a 2nd-degree misdemeanor crime with a mandatory $500 fine.
Will a PA License Suspension for Fleeing and Eluding be Reported to Another State?
Yes. Most states are members of the Driver’s License Compact (DLC). States that do not participate in the DLC include Georgia, Massachusetts, Michigan, Tennessee, and Wisconsin.
For example, suppose you are a New Jersey driver’s license holder convicted of fleeing and eluding in Pennsylvania. In that case, the Pennsylvania Department of Transportation (PennDOT) will report the conviction to the New Jersey Motor Vehicle Commission (NJMVC).
As a result, the NJMVC will impose points and, if applicable, a license suspension for the same or similar traffic offense in New Jersey. You will be subject to a New Jersey driver’s license suspension as if you committed the offense in New Jersey, even though you committed the offense in a different state.
Also, you may be subject to a concurrent license suspension in Pennsylvania, in addition to your home state, if the traffic violation is considered a serious traffic offense. Fleeing and eluding the police is regarded as a serious traffic offense in most states.
The Interstate Driver’s License Compact applies to major traffic offenses like driving under the influence, fleeing and eluding, homicide by vehicle, and other serious traffic violations.
The Driver’s License Compact does not cover non-moving violations such as parking tickets, tinted windows, and illegal exhaust system infractions.
How to Beat a Fleeing and Eluding Charge in PA
There are several legal defenses to Pennsylvania fleeing and eluding, including:
- The state or local police were outside their jurisdiction when they attempted to stop you
- You were justified in failing to stop for the police (for example, in a medical emergency)
- The police did not activate their overhead lights or other signal to stop
- The police misidentified your car (mistaken identity)
How Much Jail Time for Fleeing and Eluding in PA
Given that most cases of fleeing and eluding are felonies, the possibility of going to jail is possible. As an experienced criminal defense lawyer, I can assess if you have a legal defense for the crime.
In addition, I will examine whether the charges can be reduced or if I can negotiate a favorable probationary sentence with the district attorney.
Fleeing and Eluding Lawyer
Did the police charge you with fleeing and eluding in Bucks County, Philadelphia County, Montgomery County, Delaware County, or Chester County? Are you concerned about going to jail and having your license suspended?
Contact me at (215) 752-5282 for a free evaluation of your case to determine if you can successfully fight and win your case in court.
