Can I Be Charged with Eluding the Police if I Did Not See Them Behind Me?

 Posted on November 10,2022 in Criminal Defense

When you get your driver’s license in Wisconsin, you agree to follow the rules of the road and that includes commands and directions given by a police officer. If you approach a stop sign, you must stop. If a police officer asks you to get out of your car, you must do so. And most people know that trying to escape from a pursuing police officer can get you in big trouble. But what if you are listening to loud music on a sunny day and do not see the lights or hear the siren? What if you were getting pulled over in a notoriously unsafe place? If you have been charged with fleeing/eluding a police officer, contact a criminal defense attorney right away.

Fleeing/Eluding Police Officers Is a Class I Felonies in Wisconsin

If a driver does not pull over after a police officer gives the driver an audio or visual signal to do so, the driver could be charged with fleeing/eluding a police officer. Charges for fleeing/eluding a police officer are usually brought after someone tries to get away from a police officer by engaging in a risky high-speed chase, or by trying to hide.

Fleeing/eluding a police officer is a Class I felony, which, if successfully convicted, can result in up to three and a half years in prison and a fine of up to $10,000. If the driver of a vehicle engaged in a high-speed chase and endangered the lives of other drivers and the police officer, the driver will likely face a charge of recklessly endangering safety, which is a Class F felony that allows up to 12 and a half years in prison and a fine up to $25,000.

However, a crucial part of the law that prohibits fleeing/eluding a police officer states that the accused must have “knowingly” failed to stop their car when directed to do so. Further, the accused must have known or reasonably should have known that they were receiving directions from a police officer. If you did not see the police car behind you, you may be able to get out of the fleeing/eluding charge, even if you did not see the police officer because you were talking on the phone or were drunk. Of course, if you were illegally using your phone or driving drunk you will be facing other charges, but you may be able to get the fleeing/eluding a police officer charge dropped.

Although impersonating police officers is rare and against the law, it does happen. If you were driving through an unsafe area at night and were pulled over by an unmarked police officer, you may have been too afraid to stop. In this case, if you did later stop when you arrived at a safe location or after you verified the police car’s identity via a 911 call, you may be able to get charges of fleeing/eluding a police officer dropped.

Call a Waukesha County Criminal Defense Lawyer Now

If you have been charged with fleeing a police officer, understand that the potential consequences could be very serious and impact you for the rest of your life. Do not take chances with your future - schedule a free consultation with a Jefferson County criminal defense attorney with Bucher Law Group, LLC now. Call 262-303-4916.

Sources:

https://docs.legis.wisconsin.gov/statutes/statutes/346/i/04?view=section

https://docs.legis.wisconsin.gov/statutes/statutes/939/iv/50