If a police officer lawfully requests that you stop your vehicle, and you for whatever reason do not comply, you can face criminal prosecution. Fleeing and eluding charges are very serious, and anyone who flees and/or eludes an officer can face jail time, fines, and a criminal record. Grabel & Associates is committed to protecting clients accused of F&E and other serious motor vehicle related charges, and our talented attorneys know what it takes to protect those accused of fleeing and eluding a police officer in Kalamazoo. Work with our trusted team and benefit from substantial combined experience and a full arsenal of attorneys and support staff committed to doing whatever it takes to protect your best interests. Our DL attorneys serving Kalamazoo can be reached 24/7 by phone or online, and we will immediately provide you with a free initial case consultation as soon as you get in touch with our team. Why wait with so much potentially on the line? Protect yourself or your loved one now with Grabel & Associates.
Fleeing and eluding a police officer charges should never be taken lightly, and anyone accused of F&E should take action to secure a top-notch attorney right away. Firm founder Scott Grabel has been working with clients in misdemeanor and felony cases for over 15 years, and along with the rest of our qualified team, will guide you through what you need to say and do in order to get the best available outcome in your case. No matter what the specifics of your situation, it is essential that you work quickly to begin defending yourself, as police and prosecutors will already be building a case against you. Call or contact our Kalamazoo fleeing and eluding defense lawyers now and let us begin guiding you through the legal options available to you and what strategies are most effective in cases like yours.
There are actually two separate pieces of legislation which describe fleeing and eluding in Kalamazoo, one in Section 257.602a or the Vehicle Code, and another in Section 750.479a of the Penal Code.
In the Vehicle Code, it states that any driver of a motor vehicle who is given a visual or audible signal to stop from a police or conservation officer acting within his or her lawful duty, who does not comply or who increases the speed of his or her vehicle, or who turns off the lights of his or her vehicle or otherwise attempts to flee or elude the officer is guilty of fleeing and eluding.
In the Penal Code, it states that if a driver of a vehicle or vessel is given a lawful command to stop his or her vehicle shall not fail to obey by increasing speed, turning off his or her headlights, or otherwise attempting to flee and elude.
At first glance, these two statutes seem to be saying the exact same thing, yet they carry different potential penalties. So what is the difference? Because of the way the charge is worded in the Vehicle Code, those who are convicted under 257.602a cannot receive a lesser penalty for attempted F&E. Additionally, since the Vehicle Code statute qualifies as a “traffic offense” youth offenders are ineligible for sentencing under HYTA, the Holmes Youthful Trainee Act, which can otherwise lead to a deferred sentence. There are also differences in jurisdiction (the court where the case will be heard) and in expunging of an offense from a person’s criminal record.
If you are convicted of fleeing and eluding, there are 4 different degrees of the charge you can face, though all are felonies.
First degree fleeing and eluding charges are the most serious, and occur in cases where the offense results in the death of another person. Under both the Vehicle and Penal Code, the maximum prison sentence is 15 years, while the maximum fine under the Penal Code is $15,000, and under the Vehicle Code is $10,000.
Second degree fleeing and eluding occurs in cases involving serious injury cause to another individual, a prior conviction for first, second, or third degree F&E, or two prior convictions for fourth degree F&E. This can lead to up to 10 years behind bars and a $10,000 fine under the Penal Code, and up to 10 years and a $5,000 fine under the Vehicle Code.
Third degree fleeing and eluding results in cases involving a collision or accident, an offense in a zone with a speed limit under 35 miles per hour, or in cases where the individual has one previous 4th degree F&E conviction. The penalties for 4th degree F&E are up to 5 years behind bars and a maximum fine of either $1,000 or $5,000.
All other fleeing and eluding offenses can result in fourth degree conviction, which is punishable by up to 2 years behind bars and a fine of $2,000 under the Penal Code, or a sentence of 2 years behind bars and a $500 fine under the Vehicle Code.
The attorneys at Grabel & Associates know that you need a lawyer who is looking out for your best interests, and who is willing to do whatever it takes to get you the results you want. Our proven results show that our approach works, and that is why so many past clients have trusted our team with everything on the line.
To speak with a member of our fleeing and eluding defense team, call 1-800-342-7896 or contact Grabel & Associates online. Let us provide you with a free initial case analysis so that you can move forward with your defense.