Fleeing and Eluding in Michigan

Michigan law requires drivers to pull over or obey lawful commands when instructed to do so by police officers. If you disobey or ignore such commands, you can be charged with fleeing and eluding. For instance, if you are speeding and a police officer signals to pull over and you keep driving, you will face consequences. It is important to contact me today to discuss what fleeing and eluding charges mean and how ZAYID LAW defends these charges.

ZAYID LAW has proven results and aggressively defends clients in Macomb County, Oakland County, Washtenaw County, and Wayne County.

What is Considered “Fleeing” a Police Officer

According to Michigan law, an operator of a motor vehicle who is given by “hand, voice, emergency light, or siren a visual or audible signal” by a police officer, acting in the lawful performance of his or her duty, directing the operator to bring his or her motor vehicle to a stop, “shall not willfully fail to obey that direction by increasing the speed of the vehicle… or otherwise attempting to flee or elude the police or conservation officer.”

It is important to note that the statute does not apply unless the police officer giving the signal is in uniform and the officer's vehicle is identified as an official police vehicle.

MCL 750.479a

Offenses

Fleeing and eluding a police officer is a very serious charge, and the consequences vary in degree based on the circumstances of the case:

• Involving Death: First Degree (Felony)
• Involving Serious injury or Repeat Offense: Second Degree (Felony)
• Involving Collision or in any area with a speed limit under 35 mph: Third Degree (Possible Felony)
• None of the Above (but still fleeing): Fourth Degree (Felony)

Penalties

• First Degree: Felony criminal record
  • Up to 15 years in prison
  • Fine up to $5,000
  • Revocation of driver’s license.
• Second Degree: Felony
  • Up to 10 years in prison
  • Fine up to $5,000
  • Revocation of driver’s license.
• Third Degree: Felony
  • Up to 5 years in prison
  • Fine of up to $1,000
  • Suspension of driver’s license.
• Fourth Degree: Felony
  • Up to 2 years in prison
  • Fine of up to $500
  • Suspension of driver’s license.

ZAYID LAW’S Fleeing & Eluding Defenses

Often times there is a perfectly legitimate reason why a driver did not immediately stop when instructed to do so by a police offcer. I have experience identifying the key considerations that will mitigate the fleeing and eluding charges and help you achieve the best possible outcome. Some defenses I frequently deploy include:

• You did not see or recognize the police officer and his/her command
• Stopping when instructed to do so would have been unsafe
• You were unable to stop due to mechanical or medical issues that made it unsafe to stop or pull over.

ZAYID LAW understands how these defenses work based on the unique circumstances of your case. The sooner you call me, the sooner I can assess how these defenses can be utilized to fight your fleeing and eluding charges and achieve the best possible outcome for your case.