{"id":352062,"date":"2023-08-31T19:16:33","date_gmt":"2023-09-01T00:16:33","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/criminal\/criminal-charges\/evading-police.html"},"modified":"2023-08-31T19:16:33","modified_gmt":"2023-09-01T00:16:33","slug":"evading-police","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/criminal\/criminal-charges\/evading-police.html","title":{"rendered":"Evading Police"},"content":{"rendered":"\n
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Evading Police<\/h1>\n
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\n By John Mascolo, Esq.<\/a> | Legally reviewed by FindLaw Staff<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

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Key Takeaways<\/h2>\n

People who don’t follow through after a lawful order to stop can face criminal charges for evading, fleeing, or eluding a law enforcement officer. These are state law criminal charges, which could be prosecuted as a misdemeanor or a felony. The charges depend on the jurisdiction and circumstances of the incident.<\/p>\n\n <\/div>\n <\/div>\n<\/div>\n

Being pulled over by a law enforcement officer can be incredibly stressful. From the moment those lights flash behind them, a driver’s mind starts to race through worries.\u00a0Informed motorists<\/a>\u00a0know it’s best to remain calm and simply look for a safe place to pull over.\u00a0<\/p>\r\n

The same principle applies to other legitimate police commands outside a vehicle as well. When police officers ask people to do something (or stop doing something), it is in their best interest to follow orders.<\/p>\r\n

Sometimes drivers do not pull over for police in spite of sirens and flashing lights. This greatly increases the danger to everyone involved. Whether it is the long, slow police chase in Los Angeles of O.J. Simpson<\/a> and Al Cowlings in the Ford Bronco or the teen driver who thinks they can outrun the cops, fleeing from the police<\/a> raises the stakes.<\/p>\r\n

This article provides an overview of state laws that criminalize evading or fleeing the police. It also discusses possible penalties and legal defenses. Talk to a criminal defense lawyer<\/a> about how to defend against these charges.<\/p>\r\n

Evading the Police: Criminal Elements and Penalties<\/h2>\r\n

To prove a charge of evading or eluding police, the prosecution must establish several different facts about the incident. State laws may have different requirements. For example, in some states, the prosecutor might be required to show that the police car in pursuit was distinctively marked or that the officer was in full uniform. Similarly, it might be required that the officer’s vehicle had used some particular combination of lights and sirens as part of the demand to stop.<\/p>\r\n

If vehicles are not involved, the officer must signal an order either verbally, via a hand gesture, or through some other means that is clear to the individual being pursued. These factors can make a tremendous difference in the outcome of the case.<\/p>\r\n

The prosecution must establish beyond a\u00a0reasonable doubt<\/a>\u00a0all the \u201celements" of the crime. Sometimes a state may have criminal violations in both the penal code and the transportation or traffic code.<\/p>\r\n

Texas Law<\/h3>\r\n

Texas provides a good example. The Texas Transportation Code<\/a> outlines the crime of\u00a0fleeing or attempting to elude police. To prove this crime, the state must show all of the following:<\/p>\r\n