[3] 28 - Evading an Officer

Any person who, while operating a motor vehicle, willfully flees, fails to yield to, or otherwise attempts to evade a peace officer who is attempting to detain them.

For the purpose of vehicles, the process of detaining, or attempting to detain a vehicle is defined as:

• When a marked or unmarked vehicle driven by a uniformed or plainclothes police officer positions itself behind a moving vehicle (such that their vehicle is behind them in the flow of traffic) or stationary vehicle and engages its emergency lights which, as required by the Flashing Colored Lights and Sirens Law, must contain at least one forward-facing flashing blue light.

  • Siren Usage

    • Before a circumstance in which a driver fails to yield to a flashing forward-facing blue light may be considered "Evading an Officer," a siren should be activated and employed to gather the driver's attention and should, within the confines of law enforcement policy, remain engaged until the driver appears to notice the law enforcement officer attempting to detain them.

    • Although the flashing forward-facing blue light is enough to detain a driver, a suspect is not considered to be "Evading an Officer" until they fail to yield to both a siren and a flashing forward-facing blue light for a length of time during which a reasonable person would conclude that the suspect has no intention to yield OR if the suspect proceeds to drive in a manner which a reasonable person would conclude constitutes an attempt to flee and/or avoid being detained OR if the suspect acknowledges the attempt to detain them and proceeds to continue.

• When a uniformed or plainclothes law enforcement officer (with reasonably visible police markings) approaches a stationary or moving vehicle and orders the driver to stop. Reasonable circumstances dictate that verbally telling a driver to stop while the law enforcement officer is on foot will only be effective during low speed interactions.

  • The plausible deniability for a situation involving "Evading an Officer" is rather high when taking into account the sound-proofing of modern vehicles, vehicle speed, in-car radios, and the number of factors that draw a drivers attention while driving EXCEPT if the officer positioned themselves in front of the vehicle in such a way which caused the vehicle to slow or stop, in which case the driver clearly has become aware of the law enforcement officer's presence. Based on this reasoning:

    • A suspect is not considered to be "Evading an Officer" until they fail to yield to both a siren and a flashing forward-facing blue light for a length of time during which a reasonable person would conclude that the suspect has no intention to yield OR if the suspect proceeds to drive in a manner which a reasonable person would conclude constitutes an attempt to flee and/or avoid being detained OR if the suspect acknowledges the attempt to detain them and proceeds to continue.

• After a driver is detained, the deactivation of the forward-facing blue light alone does not constitute a release. A subject is only considered released if and when the law enforcement officer verbally tells the driver that they are no longer detained.

Felony Sentence: 350 Seconds VMenu Sentence: 30 Minutes Economy Fine: $1,000

License Suspension