FLEEING & ELUDING A POLICE OFFICER

Fleeing & Eluding a Police Officer is a felony offense. The maximum jail term is dependent upon a number of factors (see below). While all felonies are serious offenses, Fleeing & Eluding is particularly serious because,from the Court's perspective, this type of crime endangers the saftey of both police officers and the publice. A skilled, experienced attorney like Jeffrey Buehner can mean the difference between a resolution you can live with and a prison cell. You don't want to entrust your liberty to anyone but the best - call Jeffrey Buehner to provide you with the best criminal defense available. Call now: (248) 865-9640.

257.602a Failure to stop at signal of police or conservation officer; penalty; subsection (1) inapplicable unless officer in uniform and vehicle identified; violation of subsection (1) as felony; conviction for conduct arising out of same transaction; “serious injury” defined.

(1) A driver of a motor vehicle who is given by hand, voice, emergency light, or siren a visual or audible signal by a police or conservation officer, acting in the lawful performance of his or her duty, directing the driver to bring his or her motor vehicle to a stop shall not willfully fail to obey that direction by increasing the speed of the motor vehicle, extinguishing the lights of the motor vehicle, or otherwise attempting to flee or elude the officer. This subsection does not apply unless the police or conservation officer giving the signal is in uniform and the officer's vehicle is identified as an official police or department of natural resources vehicle.

(2) Except as provided in subsection (3), (4), or (5), an individual who violates subsection (1) is guilty of fourth-degree fleeing and eluding, a felony punishable by imprisonment for not more than 2 years or a fine of not more than $500.00, or both.

(3) Except as provided in subsection (4) or (5), an individual who violates subsection (1) is guilty of third-degree fleeing and eluding, a felony punishable by imprisonment for not more than 5 years or a fine of not more than $1,000.00, or both, if 1 or more of the following circumstances apply:

(a) The violation results in a collision or accident.

(b) A portion of the violation occurred in an area where the speed limit is 35 miles an hour or less, whether that speed limit is posted or imposed as a matter of law.

(c) The individual has a prior conviction for fourth-degree fleeing and eluding, attempted fourth-degree fleeing and eluding, or fleeing and eluding under a current or former law of this state prohibiting substantially similar conduct.

(4) Except as provided in subsection (5), an individual who violates subsection (1) is guilty of second-degree fleeing and eluding, a felony punishable by imprisonment for not more than 10 years or a fine of not more than $5,000.00, or both, if 1 or more of the following circumstances apply:

(a) The violation results in serious injury to an individual.

(b) The individual has 1 or more prior convictions for first-, second-, or third-degree fleeing and eluding, attempted first-, second-, or third-degree fleeing and eluding, or fleeing and eluding under a current or former law of this state prohibiting substantially similar conduct.

(c) The individual has any combination of 2 or more prior convictions for fourth-degree fleeing and eluding, attempted fourth-degree fleeing and eluding, or fleeing and eluding under a current or former law of this state prohibiting substantially similar conduct.

(5) If the violation results in the death of another individual, an individual who violates subsection (1) is guilty of first-degree fleeing and eluding, a felony punishable by imprisonment for not more than 15 years or a fine of not more than $10,000.00, or both.

(6) A conviction under this section does not prohibit a conviction and sentence under any other applicable provision, except section 479a(2), (3), (4), or (5) of the Michigan penal code, 1931 PA 328, MCL 750.479a, for conduct arising out of the same transaction.

(7) As used in this section, “serious injury” means a physical injury that is not necessarily permanent, but that constitutes serious bodily disfigurement or that seriously impairs the functioning of a body organ or limb. Serious injury includes, but is not limited to, 1 or more of the following:

(a) Loss of a limb or use of a limb.

(b) Loss of a hand, foot, finger, or thumb or use of a hand, foot, finger, or thumb.

(c) Loss of an eye or ear or use of an eye or ear.

(d) Loss or substantial impairment of a bodily function.

(e) Serious visible disfigurement.

(f) A comatose state that lasts for more than 3 days.

(g) Measurable brain damage or mental impairment.

(h) A skull fracture or other serious bone fracture.

(i) Subdural hemorrhage or hematoma.

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Assault & Battery, Aggravated Assault, Embezzlement, Non-Sufficient Funds Check, Negligent Homicide, Indecent Exposure, Larceny, Malicious Destruction of Property, Retail Fraud, Receiving & Concealing Stolen Property, Possession of Marijuana, Domestic Violence, Uttering & Publishing, Probation Violations, OWI. Felonious Assault, Assault with Intent to Murder, Assault with Intent to Do Great Bodily Harm, 3rd Offense Drunk Driving/OWI, Embezzlement, Failure To Pay Child Support, Larceny, Home Invasion, Fraud, Fraudulent Use of a Credit Card, Forgery, Uttering & Publishing, Identity Theft, Negligent Homicide, Indecent Exposure, Malicious Destruction, Carrying a Concealed Weapon, Repeat Offender Domestic Violence, Fleeing & Eluding, Receiving & Concealing Stolen Property Arson