Austin Fleeing and Eluding Lawyer – Aggressive Criminal Defense

Fleeing and eluding an officer of the law can land you in hot water in Texas. Although the words “fleeing or attempting to elude a police officer” may trigger memories of an infamous white Bronco chase across Los Angeles, the situation isn’t always so dramatic. For example, there have been instances where police have charged a driver with fleeing and eluding because the driver’s actions were misinterpreted or misunderstood.

In any case, fleeing and eluding an officer in Travis County is a serious charge. If you find yourself in this situation, contact GHC Law Firm immediately. We have an experienced Austin fleeing and eluding lawyer on standby to fight for your rights and achieve the best possible outcome.

The Texas Penal Code §545.421 describes fleeing or attempting to elude a police officer as when “a person commits an offense if the person operates a motor vehicle and wilfully fails or refuses to bring the vehicle to a stop or flees, or attempts to elude, a pursuing police vehicle when given a visual or audible signal to bring the vehicle to a stop.” In plain terms, this means that while on a Texas road, a driver willfully refused to stop their vehicle when a police officer gave them a visual or audible signal to pull over. Under this law, a signal from a police officer to stop can be made by hand, voice, emergency light, or siren. Also, the signaling officer must be in uniform with a visible badge, and their vehicle must have police markings (even if the lights aren’t on). Typically, fleeing or eluding charges in Texas involve vehicles. However, the charge can also apply when a driver ignores the signal of an officer on foot who is directing or stopping traffic.

The law also states that certain circumstances can elevate the severity of this offense, resulting in a more severe punishment if convicted. One situation is if the driver drives recklessly while fleeing the officer, putting someone else at risk of serious injury. Another situation is when the driver is intoxicated, i.e., a blood alcohol level above the legal limit, while trying to flee or elude the officer. No matter the situation, contacting a fleeing and eluding attorney for help is essential if you or a loved one is facing charges.

Fleeing and eluding, without reckless driving or intoxication involved, is categorized as a Class B Misdemeanor in Texas. So, this applies when a driver fails or refuses to stop after being signaled to do so by an officer in uniform. You can expect a sentencing of up to 180 days in jail and a fine of up to $2,000 for a Class B Misdemeanor conviction in Texas. A conviction can also result in the potential suspension of your driver’s license.

A fleeing and eluding charge will escalate to a Class A Misdemeanor if the fleeing or eluding driver recklessly engages in conduct that puts another in imminent danger of serious harm or drives in a dangerous manner while fleeing the police. In Texas, a Class A misdemeanor conviction carries a potential penalty of up to 1 year in jail and a fine of up to $4,000.

In any case, a conviction for fleeing and eluding in Travis County is a serious offense that can result in jail time, substantial fines, and a permanent criminal record. Your best chance to avoid these penalties is with the help of a professional and experienced Austin fleeing to elude attorney.

Facing charges of this nature can be scary. However, an Austin fleeing and eluding lawyer can help protect your rights. They have experience with the local court system and these types of charges. A thorough understanding of Texas traffic laws can do more than just help with traffic tickets; it can also assist a defense attorney in reducing or even dismissing fleeing and eluding charges where applicable.

There are several defense tactics an experienced fleeing and eluding attorney will explore to help fight charges argued by the prosecution. The first step involves thoroughly reviewing police reports and dash or body cam footage to identify any weaknesses in the prosecution’s case. This can include uncovering any procedural errors or constitutional violations by the arresting officer and gathering any evidence or witness statements in support of your case. Highly experienced in court proceedings, a fleeing to elude lawyer understands how and when to question evidence presented by the prosecution, as well as negotiate the best possible outcome.

Depending on the circumstances surrounding the charges, there are several potential defenses an Austin fleeing to elude attorney can explore to secure the best possible outcome in court.

Lack of Intent to Evade

Fleeing and eluding charges are dependent on proof that the accused willfully ignored a police officer’s signal to stop. Therefore, if the defense attorney can present evidence that the driver did not see or hear the signal to stop, due to lack of visibility or other reasonable causes, they can use this to challenge the prosecution.

Miscommunication or Misunderstanding

This defense may apply if there is a lack of evidence identifying the accused as the driver of the vehicle at the time of the alleged offense, which can occur when more than one person shares a car.

Emergency Situation or Necessity Defense

If applicable, the defense may be able to challenge the charges by demonstrating that the accused driver was unable to stop due to an emergency, such as an urgent need to deliver someone to the hospital.

Mechanical Failure or Inability to Stop Safely

Another possible defense that can apply is if the fleeing and eluding attorney can prove that a mechanical event prevented the accused from stopping their vehicle at the time of the law enforcement officer’s signal. Also, if it can be demonstrated that immediately stopping would have created a dangerous situation, putting the driver or others in harm’s way, defense counsel can use this to challenge the charges.