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An attempt to elude an officer in Lubbock occurs when an individual operates a motor vehicle and willfully fails or refuses to bring the vehicle to a stop, attempts to evade the police officer, or flees. In order to be charged with an attempt to elude an officer, the officer must initially have given the individual visual clues or audible signals. For example, a person exiting a highway after seeing a police officer may not be charged with an attempt to elude an officer if the officer does not give the clues or signals to the driver. These clues or signals could be the police siren, lights, speaker, and hand motions.
If you have been charged with attempting to elude an officer in Lubbock, reach out to a seasoned attorney. A dedicated traffic lawyer could fight for you and advocate on your behalf throughout this process.
Penalties for Attempting to Elude an Officer
An attempt to elude an officer in Lubbock offense is initially a Class B misdemeanor. However, the charge may go up to a Class A misdemeanor if the officer believes the driver’s conduct is particularly reckless or could have placed them in imminent danger of injury.
This offense is not common in Lubbock or in many other areas. In such a circumstance, prosecutors may be more likely to charge individuals with evading the police, which is a third-degree felony, instead of an attempt to elude, which is a misdemeanor.
A Class B misdemeanor carries a penalty of up to 180 days in jail and a fine of up to $2,000. Individuals charged with a Class A misdemeanor are looking at up to one year in jail and a $4,000 fine. Third-degree felonies carry two to ten years in jail and a fine of up to $10,000.
How a Driver’s Behavior May be Misinterpreted as an Attempt to Elude an Officer
When an officer is attempting to get someone to pull over, they will use many different signals to get the driver to stop. If the driver does not respond to these signals quickly enough, then the officer may assume the driver is attempting to evade them.
An officer has the discretion to make a judgment call in such a situation. If a vehicle keeps driving past different blocks and parking lots they could have used to pull over, the officer could assume the driver is attempting to evade them. However, sometimes the driver is just trying to find a place that they feel is safe to pull over and they are not actually attempting to elude the officer. Speak with a dedicated defense attorney for more information about this and how it could be used as a defense.
How an Experienced Attorney in Lubbock Could Help
An accomplished attorney could investigation an attempt to elude an officer in Lubbock case and speak to any available witnesses. The lawyer could review any evidence or video that may exist in the case to see if there are any legal issues and evaluate whether or not the officer had a legal reason in attempting to stop the driver. After gathering the evidence, the lawyer could represent their findings in order to negotiate a favorable plea deal or get the case thrown out. If you are facing charges, reach out to a lawyer today.