Can you face jail time for fleeing or attempting to elude a law enforcement officer?

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Thomas C. Grajek View Profile

The Penalty

You could face up to a year in a county jail for evading the police.

Defenses For Evading or Fleeing the Police.

  • Lacking the Intent to Evade:  If you are pulled over by a police vehicle that is not clearly marked as a law enforcement car, your attorney can make the case that you didn’t know you were being pulled over and that you didn’t have the intent of evading the police.
  • DUI and Evading Police: While this isn’t necessarily the most ideal option, your attorney could argue that you were intoxicated and therefore could not form the intent to flee. This defense will likely lead to a DUI charge though.

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