Seeing a police car in the rear-view mirror with lights and sirens on can be frightening, even if you don’t think you’ve done anything wrong. When drivers know or believe a police stop could be a problem, either because they’ve got an outstanding warrant, there are drugs or something else that’s illegal in their vehicle or maybe because they’ve had only bad experiences with law enforcement, they too often try to get away from them. That’s only going to make matters worse.
Police pursuits, particularly at high speeds, can result in injuries and deaths to innocent drivers and bystanders. That’s certainly been the case here in Alabama. That’s why two years ago, Alabama changed the law regarding fleeing an attempted police stop to increase the penalties under certain circumstances.
The current law states that it’s illegal for a driver to “intentionally flee or attempt to elude a law enforcement officer after having received a signal from the officer to bring the vehicle to a stop.”
When is it a felony for a driver to try to evade police?
The offense can be charged as a Class C felony if:
- The driver fleeing is involved in a collision with a vehicle or pedestrian, whether there are injuries or not.
- Motorists or pedestrians are injured (by the fleeing driver or anyone else) during the chase.
- The fleeing driver crosses the state line.
The driver can be charged with a Class B felony if anyone is seriously injured or killed during the pursuit. They can even face a Class B felony if they exceed the speed limit by 20 miles per hour or more.
Even if none of those things happen, simply knowingly fleeing the police is a misdemeanor offense. It’s also a misdemeanor to “intentionally flee by any means from anyone the person knows to be a law enforcement officer if the person knows the officer is attempting to arrest the person.”
If you’ve been charged with evading police, whether in your vehicle or on foot, it’s important to understand how seriously the state takes that offense – whether you’re facing other charges or not. Getting legal guidance as early as possible can help you protect your rights and determine your best course of action.
