What is Eluding in Virginia?
Eluding is when a driver knowingly ignores a visible or audible signal from law enforcement to stop and instead tries to flee or evade the officer.
A police signal can include:
- Emergency lights
- A siren
- A visible hand singal
Is Eluding a Misdemeanor or a Felony in Virginia?
Eluding can be either a misdemeanor or a felony in Virginia. If you simply ignore a police officer’s signal to stop and attempt to get away, the charge is usually a Class 2 misdemeanor.
However, the offense can be elevated to a Class 6 felony if you flee while endangering another person or damaging or interfering with operation of a police vehicle.
What Are the Penalties for Eluding in Virginia?
If charged as a misdemeanor, penalties include:
- Up to six months in jail
- Fines up to $1,000
- Driver’s license suspension
If charged as a felony, penalties include:
- Up to five years in prison
- Fines up to $2,500
- Driver’s license revocation
- A felony record that can impact security clearances, employment and more
Do You Have to Be Speeding to Be Charged with Eluding?
No, you do not have to be speeding to be charged with eluding. Eluding focuses on the intentional refusal to stop, not how fast you were driving.
Can Eluding Charges Be Reduced or Dismissed?
Yes, depending on the facts of your case, eluding charges may be reduced to a lesser offense like reckless driving or dismissed entirely if there’s insufficient evidence or a procedural error.
Some common defenses include:
- Reasonable belief the pursuer was not law enforcement
- Lack of clear police signal: No visible or audible signal was given
- No willful or wanton disregard: The driver did not have clear intention to flee.
- No endangerment (for felony charges): Your actions did not create a substantial risk to others
What Should You Do If You’re Charged with Eluding in Virginia?
If you are charged with eluding in Virginia, do not admit guilt to police or law enforcement. Be sure to document all details of the incident and contact a skilled Virginia traffic defense attorney as soon as possible to protect your rights and explore possible defenses.
Why Choose Driving Defense Law for Your Case?
Driving Defense Law is a specialized traffic firm, focusing exclusively on serious traffic violations such as eluding, reckless driving, and DUIs. By limiting our practice to traffic cases, we provide targeted, aggressive defense tailored to protect your driving record and your future.
