Virginia Eluding Law Enforcement Defense Attorney
Charged with eluding police in Virginia? Mattox Law offers aggressive defense for misdemeanor & felony eluding cases. Protect your future—contact us for a free consultation today.
What is Eluding Law Enforcement in Virginia?
Under Virginia Code § 46.2-817, eluding law enforcement occurs when a driver willfully ignores a police officer’s signal to stop. This can involve:
- Failing to pull over when signaled by lights or sirens.
- Attempting to evade an officer by increasing speed, turning, or refusing to stop.
- Reckless behavior that puts others in danger while fleeing.
Eluding police can be charged as either a misdemeanor or a felony, depending on the circumstances of the incident.
Penalties for Eluding Law Enforcement in Virginia
- Misdemeanor Eluding (Class 2 or 1 Misdemeanor)
- Up to 12 months in jail.
- Fines up to $2,500.
- License suspension for 30 days to 1 year.
- Felony Eluding (Class 6 Felony) – If Reckless Driving or Endangerment is Involved
- 1 to 5 years in prison (or up to 12 months in jail at the court’s discretion).
- Fines up to $2,500.
- Mandatory license suspension for at least 1 year.
Even a misdemeanor conviction can permanently affect your driving record, insurance rates, and criminal history.
How Mattox Law Defends Eluding Charges
What if I didn’t see the police officer’s signal?
For an eluding charge to hold, the prosecution must prove you were aware of the officer’s signal and willfully ignored it. If visibility was poor, lights were obstructed, or you did not hear the siren, we can argue lack of intent.
Can I be charged with felony eluding if I wasn’t driving recklessly?
Felony eluding requires proof that your actions created a risk of serious injury or demonstrated reckless disregard for others. If no evidence supports this claim, we can work to reduce the charge to a misdemeanor or have it dismissed.
What if I was afraid to stop?
In some cases, individuals hesitate to stop due to unsafe conditions, poor lighting, or fear of a dangerous situation. If you had a valid reason for delaying your stop, we can present this as part of your defense.
Can I lose my license for an eluding charge?
Yes. Even a misdemeanor conviction can lead to a mandatory license suspension. However, we can work to challenge the charge, reduce penalties, or negotiate for restricted driving privileges.
Can an eluding charge be dismissed or reduced?
Yes. Potential defense strategies include:
- Challenging whether the stop was lawful—If the initial stop was invalid, the eluding charge may be dismissed.
- Negotiating a lesser charge—Some cases can be reduced to a failure to obey a lawful order, a non-criminal infraction.
- Presenting mitigating circumstances—If no harm was caused and the delay was unintentional, the judge may reduce the penalty.
The sooner you act, the better your chances of a favorable outcome. Contact Mattox Law immediately to discuss your defense.
