Virginia Eluding a Law Enforcement Officer Lawyers
Helping residents in Alexandria, Fairfax and the entire Northern Virginia area
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Serving residents of Fairfax County, Fairfax City, Prince William County, Loudoun County, Stafford County, Spotsylvania County, Arlington County, Alexandria, City of Fredericksburg, City of Manassas Park, City of Manassas, City of Falls Church, Town of Vienna, Town of Herndon, Town of Occoquan, Town of Dumfries, and all of Virginia.
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Helping you fight back.
Whether you have been charged with a Criminal Offense, Serious Criminal Traffic Offense, or have been injured in an Accident that was not your fault, our First-Class Attorneys are not going to let you become a victim! With our experience, we will fight back, with you and for you, to get the results you deserve.
YOU CAN’T AFFORD A CRIMINAL RECORD
When you trust your Eluding a Law Enforcement Officer charge to our experienced attorneys, we will work closely with you, from the beginning, to explore all aspects of your case, including:
- Dismissal of your Charge
- Reduction of your Charge
- Possible Defenses
- Plea Bargain Options
- Trial to find you “Not Guilty”
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HOW VIRGINIA LAW APPLIES TO YOU
Having handled Thousands of Criminal Traffic Cases in all the Courts of Northern Virginia, we understand how critical your job and/or security clearance are to your livelihood and your family. If you are convicted of Eluding, you are facing not only significant jail time and a substantial fine; but you will also receive a Permanent Criminal Record with the FBI and Homeland Security and you could potentially lose your job; your security clearance; future employment opportunities; demerit points on your DMW transcript; the loss of driver’s license; and your future.
NovaLegalGroup, P.C. also helps residents of Virginia with Legal Matters in: Alexandria, Annandale, Arlington, Burke, Centreville, Fairfax, Mclean, Oakton, Reston and Springfield.
In order for the Commonwealth to prove he charge of Eluding a Law Enforcement Officer, they must prove:
1. That you received a visible or audible signal from any Law-Enforcement Officer to bring your motor vehicle to a stop; and
2. That either:
- a. You drove such motor vehicle in a willful and wanton disregard of such signal; or
- b. You attempted to escape, on foot, in the vehicle, or by any other means.
If you are found guilty of Eluding, the punishment can be very severe. Eluding is a CLASS 2 MISDEMEANOR, punishable by up to 6 MONTHS IN JAIL and a fine of up to $1,000, or Both! If the court determines that in addition to the above, you also drove your motor vehicle in a willful and wanton disregard of such signal so as to interfere with or endanger the operation of the Law-Enforcement vehicle or endanger another, then the Eluding charge becomes a CLASS 6 FELONY punishable by up to 5 YEARS IN JAIL!
In addition to the significant Discovery, Due Diligence and Legal Work we do to get your Eluding case Dismissed, your participation in appropriate programs and classes prior to Court can significantly increase your odds of an even more successful outcome … such as:
- Letters of Recommendation
- Alternatives to Jail Programs
- Community Service
- 8-Hour Driver Improvement Class
- 4-Hour Aggressive/Reckless Driving
Class
Our Traffic lawyers have experience successfully handling Eluding charges in all the Courts of Northern Virginia.
With our experience in criminal defense, we have successfully handled thousands of cases, many like yours. We make you 3 GUARANTEES that no other law firms we know of in Northern Virginia offer:
OUR 3 UNIQUE GUARANTEES
- When you call us, you will always speak personally with one of our experienced and successful attorneys about your case, NOT a paralegal or secretary!
- We always design a customized “Plan of Action” just for your case and not just a cookie-cutter template!
- We always provide you with a personalized “Payment Plan” to meet your financial needs!
Eluding a law enforcement officer in Virginia occurs when you fail to stop your vehicle after being signaled by police using emergency lights, siren, or other recognized signals, and instead continue driving with the intent to avoid or escape apprehension. The prosecution must prove you saw or should have seen the police signals, understood they were directing you to stop, and intentionally failed to stop. Simply not seeing the officer or being unaware of their signals may provide a defense.
Eluding a law enforcement officer in Virginia is a Class 6 felony punishable by 1-5 years in prison and up to a $2,500 fine. If the eluding endangers others or involves speeds over 20 mph above the limit, it becomes a Class 4 felony with 2-10 years in prison. Additional consequences include driver’s license suspension, vehicle forfeiture in some cases, and a permanent felony record that affects employment, housing, and professional licenses.
If you genuinely didn’t see or hear the police officer’s signals, this can be a valid defense to eluding charges. Factors that may support this defense include loud music, windows up, air conditioning running, heavy traffic noise, malfunctioning emergency equipment, poor visibility conditions, or the officer’s position relative to your vehicle. However, the prosecution may argue you should have been aware of your surroundings. An experienced attorney will investigate all circumstances to build this defense.
Virginia law recognizes that drivers may continue a short distance to find a safe location to stop, especially on busy highways or in dangerous areas. However, you must demonstrate you were genuinely seeking safety, not trying to escape. Factors include putting on hazard lights, slowing down, signaling your intent to stop, and stopping at the first reasonable safe location. Continuing for excessive distances or at high speeds undermines this defense.
If someone is injured during a police chase in Virginia, you may face additional serious charges including vehicular assault, reckless driving, or even manslaughter if someone dies. These charges carry much harsher penalties than simple eluding. The prosecution will argue your decision to flee directly caused the injuries. However, police pursuit policies and the officer’s decision to engage in high-speed pursuit may also be factors in the case.
Police must have reasonable suspicion of criminal activity or a traffic violation to initiate a stop. However, once they signal you to stop and you fail to comply, they can pursue you for eluding regardless of the original reason for the stop. Many police departments have pursuit policies limiting high-speed chases to serious crimes due to public safety concerns. Violations of these policies may be relevant to your defense strategy.
Common defenses include lack of intent to elude, failure to perceive police signals, seeking a safe place to stop, emergency circumstances, mechanical problems with your vehicle, medical emergency, mistaken identity, invalid traffic stop, police misconduct, and challenging the evidence. The specific defense strategy depends on the circumstances of your case, available evidence, and witness testimony. Each case requires careful analysis of police reports, dash cam footage, and witness statements.
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