PC §718 - EVADING A PEACE OFFICER W/O VIOLENCE
CLASS A MISDEMEANOR
(a) Definition
Evading a peace officer without violence is the act of willfully fleeing or attempting to elude a law enforcement officer who is lawfully attempting to conduct a traffic stop or detainment, without engaging in any violent conduct during the evasion.
(b) Elements of the Offense
The following elements must be met to constitute evading a peace officer without violence:
The defendant operated a motor vehicle on a public roadway.
A peace officer, identifiable by uniform or badge, lawfully attempted to conduct a traffic stop or detainment of the defendant's vehicle.
The defendant willfully fled or attempted to elude the peace officer with the intent to evade apprehension.
The defendant did not engage in any violent conduct during the evasion.
Prohibited Conduct
(a) Prohibited conduct may include, but is not limited to, the following actions:
Failing to stop or yield to a peace officer's signal to pull over.
Engaging in reckless driving or high-speed maneuvers to evade law enforcement.
Ignoring traffic laws or signals in an attempt to escape from a pursuing peace officer.
(c) Defenses
(a) It shall be a defense to a charge of evading a peace officer without violence if the defendant can prove that they did not willfully intend to evade law enforcement or if they can demonstrate that their actions were justified under the circumstances, such as a reasonable fear for their safety.
(b) Lack of evidence of evading a peace officer without violence, such as errors in law enforcement observations or documentation, may also serve as defenses if proven by the defendant.
(d) Aggravating Factors
Aggravating factors such as causing an accident or injury during the evasion, engaging in repeated or prolonged attempts to evade law enforcement, or prior convictions for similar offenses may result in enhanced penalties or additional charges as determined by the court.
Penalties
Penalties for assault charges can vary widely depending on the jurisdiction and the specific circumstances of the offense. They may include:
JAIL TIME
100 SECONDS OF JAIL TIME.
BOND SET
$10,000.00
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