Movies and television shows may make police pursuits look thrilling, but the reality is a very different story. In the real world, people can be hurt or killed and property can be damaged if police chase a suspect at any speed, but particularly at high speeds. High-speed chases in Virginia come with many risks and legal ramifications that you should consider before deciding to attempt to flee from law enforcement or assist law enforcement as a private citizen. If you are facing legal charges associated with a high-speed chase, an experienced traffic offense attorney with Driving Defense Law may be able to assist you. Call (757) 929-0335 to schedule a free consultation and explore your legal options.
What Is a High-Speed Chase?
The National Institute of Justice, a branch of the United States Department of Justice, defines a pursuit as occurring when the driver of a moving motor vehicle resists apprehension by maintaining or increasing their speed or by ignoring a law enforcement officer who is on duty in a marked patrol car making an active attempt to apprehend one or more of the occupants of the vehicle. These pursuits can occur at any speed and in any location. They can also occur for any reason, including an attempted traffic stop.
Based on that definition of a pursuit, also known as eluding police, high-speed chases would be such pursuits that take place at high speeds. A precise number or definition of “high-speed” has not been established, but these speeds often exceed the speed limit by 20 miles per hour or more.
What Is Virginia Law Regarding Pursuits and High-Speed Chases?
VA § 46.2-817 addresses eluding police, which is defined as driving a vehicle in willful and wanton disregard of a visible or audible signal from a law enforcement officer to stop. This law also includes attempting to escape or elude the officer on foot or by any other means and addresses the charges if the individual drives in such a way as to interfere with or endanger the officer’s vehicle or other people. The Commonwealth also has a law for escape, flight, and pursuit. VA § 19.2-77 indicates that if an individual escapes custody or flees from an attempted arrest, the officer may pursue them anywhere in the Commonwealth. The law also states that if the officer is in close pursuit, they may arrest the individual wherever they are found. Neither law specifically addresses when the eluding or flight occurs at high speeds.
While there is no statewide law regarding high-speed chases, each law enforcement agency throughout the state is encouraged to have a pursuit policy, which can be discretionary, restrictive, or discouraging. Having a policy in place helps reduce injuries, deaths, and property damage while also maintaining law enforcement’s basic mission of protecting life and property and enforcing the law. Clear policies can also help law enforcement officers understand when and how to conduct pursuits and minimize the department’s or government’s liability when accidents occur as a result of a pursuit.
Discretionary Policies
Discretionary policies allow the officer to make all the major decisions regarding whether to engage in a pursuit. This means the officer involved decides whether to initiate a pursuit, which tactics to use and when to terminate the pursuit. While some argue that this policy is best because the officer involved has the best information regarding the circumstances, others believe that the officer may not make the best decisions because of their involvement. They also argue that allowing this type of discretion can lead to inconsistency in when pursuits are initiated and create more confusion about them.
Restrictive Policies
Restrictive policies allow the officer to make some judgment calls and decisions while placing restrictions on others. With these policies, the officer may be required to request permission to pursue an individual but make their own decision about when to terminate, for example. These policies may also stipulate which tactics can be used or specific circumstances to consider when deciding whether to pursue an individual, such as the weather, traffic conditions, or the reasons for the pursuit. Many believe restrictive policies provide a good balance between allowing the officer to do what they feel is necessary and ensuring that there is consistency in how pursuits are handled by the law enforcement agency.
Discouraging Policies
Discouraging policies discourage or severely caution against any pursuits except for extremely limited circumstances. Some of the most common discouraging policies only allow officers to pursue individuals believed to have committed violent crimes such as rape or murder and/or only if the individual is believed to be a danger to the community. These policies tend to limit pursuits very strictly, often requiring officers to seek permission to pursue them even in circumstances allowed by the policy. Many people feel that these should be the only policies for police pursuits to protect the life and property of innocent bystanders, while some argue that these are too restrictive and may allow potential criminals to avoid punishment because they are able to flee without being pursued.
Risks and Ramifications of High-Speed Chases
Any police pursuit has dangers associated with it. Even at low speeds, an individual attempting to flee a law enforcement officer and an officer focused on catching that individual may not pay enough attention to their surroundings and cause harm to pedestrians, cyclists, children playing in yards, other traffic, and property. When the chase begins to move at higher speeds, those dangers are significantly increased as reaction times slow, momentum builds in the vehicles, and the fleeing individual and officer may not have enough time to recognize a potential danger and react to it before it is too late. If you have been part of a high-speed chase, a traffic attorney at Driving Defense Law may be able to assist you in negotiating with the prosecutor or requesting a lighter sentence from the court.
High-Speed Chase Risks
High-speed chases in general have a high risk of property damage, injury or death of the suspect or law enforcement officer, and injury or death of innocent bystanders who happen to be in the area. When conditions are less than ideal, the dangers increase even more. Wet roads, rain, snow, high winds, heavy traffic, broken-down vehicles, school zones, and many other conditions can make a high-speed chase even more dangerous.
Additionally, the tactics used in high-speed chases, such as roadblocks and pit maneuvers increase the risk of accidents, injuries, or property damage. Helicopter support can assist law enforcement in tracking individuals without the need for the officer to chase at high speeds. Unfortunately, this type of support is expensive and not always effective. For example, a helicopter may not be able to be used in rainy weather.
Legal Ramifications of High-Speed Chases
In many cases, an individual opts to flee law enforcement because they are certain or nearly certain they will be arrested. While this may be the case, choosing to flee and being involved in a high-speed chase can have significant legal ramifications. In addition to any legal trouble they may have already faced, the individual may be charged with other serious offenses such as eluding, resisting arrest, reckless driving, assault, or manslaughter, depending on what happens during the chase.
If high-speed chases result in property damage, injury, or death to an innocent bystander who was not involved, that bystander may file a lawsuit to seek damages for their property damage, injury, or the wrongful death of their loved one. While they may file their lawsuit against the law enforcement agency involved, they can also file it against the individual being pursued. VA § 8.01-458 states that monetary judgments from any state or federal court can be a lien against any real estate the individual currently possesses or comes to possess in the future.
Citizen Involvement in Police Pursuits
There have been stories of private citizens attempting to assist an officer in ending police pursuits, including high-speed chases. In some instances, the citizen is successful in stopping the fleeing individual, while in others, they have only made matters worse. However, what is important to understand is that, in almost every case, the citizen who attempted to assist the officer was arrested and charged for doing so. In Virginia, a private citizen inserting themselves into a high-speed chase may be charged with interference and other charges. If they cause an accident, they may also be held financially responsible for that accident.
How To Avoid Being Involved in a High-Speed Chase
It may seem as though it should be easy to avoid being involved in a high-speed chase. However, individuals often make hasty decisions in a moment of panic. For this reason, being prepared with tips on how to avoid being involved in high-speed chases can be helpful.
Pull Over When Indicated By Law Enforcement
When an individual is driving and sees the flashing lights or hears the siren of a law enforcement vehicle behind them, they should pull over as soon as practically possible. Even if the officer is not pulling them over, moving out of the way allows the officer to continue on their way quickly.
Some individuals are hesitant to pull over out of fear of being arrested. They may know they have warrants or something illegal in their vehicle, or they may simply be afraid that the officer will find some reason to arrest them. Even in those cases, it is better to pull over and face whatever legal trouble they may be in at that point than to add to their troubles with additional charges for a high-speed chase.
Call 9-1-1 If You Are Unable To Pull Over
There may be instances where someone is unable or unwilling to pull over. For example, if a woman is driving alone late at night on a dark, deserted road, she may feel uncomfortable pulling over in such circumstances. If this is the case, the individual should call 9-1-1. They should inform the dispatcher of their name, location, and that they are aware of the officer’s attempt to pull them over. Then, they should explain why they are not pulling over. For example, a woman may explain that she will pull over when she comes to a well-lit, busy gas station.
Calling 9-1-1 in this way allows the dispatcher to contact the officer and inform them about why the individual is refusing to stop. This can keep both the individual and the officer from unnecessarily increasing their speeds and making the situation more dangerous.
Resist the Urge to Assist Officers
While private citizens may have the best of intentions when trying to assist an officer who is engaged in pursuing an individual, the best thing they can do is move out of the way and encourage others to do the same. If an accident occurs and the officer seems injured, bystanders can call 9-1-1 to report the accident and that the officer may be injured. If the bystander knows how to render first aid or CPR and someone involved in the accident needs their assistance, they can step in to provide those skills. Bystanders should not attempt to stop a fleeing individual with pit maneuvers or to chase the individual themselves.
How a Traffic Attorney Can Assist You
In an ideal world, you would never be involved in a high-speed chase. In reality, life can get messy and you might find it has happened before you even realize it. A traffic attorney understands Virginia’s laws and may be able to assist you in defending and explaining your actions. A knowledgeable attorney may also be able to gather evidence to show that the chase was not your fault or that law enforcement should not have pursued you. Whether you were fleeing or attempting to assist an officer, an attorney may also be able to negotiate reduced charges or a lighter sentence. If you have additional questions regarding high-speed chases, contact Driving Defense Law at (757) 929-0335 to schedule a free consultation and explore your legal options.
