Fleeing and eluding charges are serious legal allegations, usually from a car chase involving police. A driver attempts to escape by not stopping when signalled, often ignoring sirens or flashing lights. These charges can be severe and carry hefty fines, license suspension, or even jail time, depending on where it happens and the situation.
These charges are harmful since they threaten public safety. Evading the police can lead to high-speed pursuits, collisions, and wild driving, putting the driver, other motorists, and pedestrians in danger. Additionally, such charges have grave legal consequences like fines, imprisonment, and losing driving privileges.
Defeating a fleeing and eluding charge requires consulting a skilled criminal defence lawyer. Possible tactics include challenging the prosecution’s evidence, disputing the pursuit’s legality, or negotiating for lesser charges. A lawyer can establish a solid defense by examining case details spotting weaknesses in the prosecution’s case.
Discover how to beat a fleeing and eluding charge.
What is a fleeing and eluding charge?
A fleeing and eluding charge is a grave legal allegation that occurs when someone evades the police during a car chase. Typically, police officers signal the driver to stop their vehicle using flashing lights and sirens. However, the driver disregards them and tries to break free. Various reasons could prompt this behaviour, including avoiding apprehension about a crime or escaping a traffic stop.
Facing a fleeing and eluding charge isn’t merely about escaping the authorities. It’s also risky since it may lead to dangerous high-speed pursuits and collisions, endangering numerous individuals. The law imposes severe penalties for this offence, including steep fines, suspension of driving privileges, and even imprisonment.
How does a fleeing and eluding charge work?
A fleeing and eluding charge occurs when someone drives a vehicle and the police attempt to stop them, often using flashing lights and sirens. Instead of stopping, the individual evades the police, resulting in a car chase. Various reasons, such as avoiding being caught for a crime or getting a traffic ticket, could cause this situation.
Law enforcement and the legal system thoroughly examine the case after charging someone with fleeing and eluding. They collect evidence like video footage or witness accounts to understand the events during the pursuit. The accused might have to appear in court, where a judge or jury determines their guilt.
Lawyer for fleeing and eluding charge
A lawyer on fleeing and eluding charges assists people confronted with such allegations. They defend their clients and safeguard their rights. These lawyers employ their understanding of the law to study each case, collect evidence, and devise strategies to counter the prosecution’s allegations.
A lawyer skilled at handling fleeing and eluding cases typically guides their clients through the legal process. They may also discuss with the prosecution lesser charges or look into alternative options. These attorneys are vital in ensuring their clients get a just trial and have the highest likelihood of attaining a favourable result. This may involve reduced penalties, being found not guilty, or having the charges dismissed.
Here are the five best defences for how to beat a fleeing and eluding charge:
1. Lack of intent
Fleeing and eluding charges might be countered with a lack of intent defence strategy. This means the person had no plan to escape the police. Simply put, they didn’t intend to run away. It could have been a mix-up, a confused moment, or they didn’t understand that the police wanted them to stop. This defence can work well if it’s evident that the driver didn’t willfully dodge the police, possibly leading to reduced or dismissed charges.
To effectively employ the lack of intent defence, gathering evidence proving that the driver didn’t plan to flee is crucial. Evidence may include witness accounts, video footage, or the driver’s narration. Moreover, the defence lawyer might argue that there was a valid reason for not stopping. This could be facing a risky situation or aiming for a brightly lit area for safety concerns. Still, remember that this defence’s success depends on each case’s unique circumstances and the laws within the jurisdiction where the event occurred.
2. Unlawful police pursuit
Challenging fleeing and eluding charges often involve the unlawful police pursuit defence. This argument claims that the police acted illegally or broke established procedures during the chase. In other words, it implies that the police made mistakes, like using too much force or driving dangerously, putting the driver at risk. If this defence works, the charges may be dropped or lessened.
It’s vital to collect proof of the police’s wrongdoing during the chase. Evidence can consist of witness accounts, videos of the pursuit, or expert evaluations on whether the police misbehaved. The defence lawyer will aim to persuade the court that the police’s actions were illegal, possibly resulting in a better outcome for the accused. However, the defence’s success relies on each case’s specifics and the laws governing police behaviour in the location of the incident.
3. Necessity or emergency
The necessity or emergency defence is employed to challenge fleeing and eluding charges. It asserts that the driver reacted to a dire situation or crisis. In other words, it implies that the driver had a solid reason to escape from the police, such as facing a life-threatening event or reaching a secure location quickly. This approach may work well in circumstances where it’s evident that the driver’s actions were aimed at safeguarding themselves or others, possibly resulting in reduced or dismissed charges.
For the necessity or emergency defence to be effective, it’s crucial to present proof showing a genuine emergency that caused the driver to flee. This proof may include witness accounts, medical reports, or other documents substantiating the urgent scenario claim. Given the situation, the defence lawyer will aim to convince the court that the driver’s actions were reasonable. This could lead to a more favourable legal outcome.
However, this defence’s success relies on the case’s specific aspects and whether the court concurs that the driver’s actions were indeed triggered by necessity or an emergency.
4. Mistaken identity
Mistaken identity is a defence tactic in cases involving fleeing and evading charges. This is where the defendant claims they weren’t the actual target of the police search. This strategy implies that the police confused the defendant with another individual. When substantial evidence exists to show that the driver wasn’t the intended pursuit target, this defence can lead to dropped charges.
Present proof that establishes the driver’s innocence and confirms they weren’t who the police sought to arrest. This proof might come in the form of alibis, testimony from witnesses, or security camera footage demonstrating that the police identified the wrong person. The defence lawyer will strive to persuade the court that a misidentification happened and that their client shouldn’t be held accountable for what the actual person of interest did.
5. Violation of constitutional rights
Defending based on violating constitutional rights means asserting that the police committed an unlawful act during the pursuit. This infringes on the driver’s rights secured by the Constitution. If the police acted inappropriately, any evidence or charges resulting from the pursuit may be invalid. This defence strategy can succeed if there’s proof that the accused person’s constitutional rights were breached, possibly leading to dropped charges.
For an effective violation of constitutional rights defence, it’s essential to present evidence proving that the police’s actions during the chase indeed infringed on the accused person’s constitutional rights. Such evidence might consist of video footage, witness accounts, or expert insights into the legality of law enforcement’s actions. The defence lawyer will strive to convince the court to exclude any evidence gathered during the chase from being considered in the case.
