When a driver is violating the rules of the road, law enforcement is responsible for pulling the driver over and investigating the offense. However, in some circumstances, an officer may be under the assumption that a driver is trying to elude them because they are not pulling over immediately. Though that might not be the case, a simple traffic stop could then turn into a felony.
If you have been charged of attempting to flee to elude a law enforcement officer in West Palm Beach, it is imperative that you reach out to one of our experienced attorneys at Leifert & Leifert as soon as possible. Our lawyers will take the time to learn more about your case and help clear up any miscommunication that occurred between you and the arresting officer.
What Constitutes an Attempt to Elude an Officer?
A driver can be accused of trying to elude an officer if they continue to operate their vehicle despite being told by a law enforcement officer to stop. There are some circumstances in which there is heavy traffic and it may be difficult to pull over right away, but an officer will usually have their lights and sirens on indicating to traffic to part ways in order for the traffic stop to take place. In other cases, the driver may have been unaware they were being told to pull over, either because they were playing loud music and did not hear the sirens or for some other odd reason. In this case, the driver would most likely not be charged of trying to elude law enforcement since they had no knowledge that they were being pulled over.
However, if the road is open, and the police have made it clear that a driver must pull over, and the driver continues to drive, they would likely be charged with trying to evade the police.
Elements of Attempting to Elude a Police Officer
If a law enforcement officer suspects a driver trying to evade them, they will undoubtedly do all they can to get their attention and try to get them to pull over. Once the driver is pulled over, the police will likely place the driver into custody and obtain an explanation as to why they did not pull over the first time they were told to do so.
Law enforcement takes this type of offense seriously since it endangers the safety of the community when a driver tries to evade law enforcement. As a result, this offense would be charged as a third-degree felony with potential jail time and driving restrictions.
Is Fleeing with Intent to Elude an Officer a Common Offense?
Although this type of offense is uncommon, it does not happen every day. Usually drivers will try to pull over as soon as possible when they are ordered to do so. However, in situations involving motorcyclists, law enforcement may be trying harder than usual to get the biker pulled over. Since motorcycles have quick acceleration and a higher top speed, they may try to use their motorbike to avoid being pulled over. Unfortunately, some bikers try to evade law enforcement for sport and would then be charged with a felony if caught.
Reach Out to an Attorney Today
Being charged with attempting to evade an officer is a serious offense. Not only would your driving privileges be restricted upon conviction, but you could also be face time in jail if you do not act. To take matters into your own hands, retain the services of one of our skilled attorneys at Leifert & Leifert. A lawyer with experiencing representing drivers charged with attempting to flee to elude an officer in West Palm Beach could prove to be a vital ally in your case. To get started, schedule a consultation today.