Fleeing and Eluding Charges

Driving under the influence (DUI or OVI) brings severe legal consequences on its own. However, when an accused driver fails to comply with a police officer’s signal or order to stop, they can face additional charges for fleeing and eluding alongside the primary OVI offense. This combination often leads to much steeper penalties than a standard impaired driving case.

Typically, this offense is classified as a misdemeanor. However, specific circumstances can elevate the alleged crime to a felony. Prosecutors frequently use these specific fleeing and eluding charges to argue that the motorist knew they were already committing an offense by driving under the influence. If the individual behind the wheel happens to have a suspended license or an active, outstanding warrant, the prosecution will argue that this gave them a clear motive to escape law enforcement, making it easier for them to prove their case.

On the other hand, a driver might have legitimate, legally justifiable reasons for failing to stop their vehicle immediately after an officer’s signal. Personal safety is a major concern, particularly if the law enforcement officer is not wearing a recognizable uniform or if they are driving an unmarked police vehicle. Severe weather conditions in Ohio could also restrict visibility or hearing, preventing the motorist from noticing the initial order to pull over. An experienced Steubenville criminal lawyer can present these valid defenses to protect your rights in court.

Understanding Ohio Charges for Fleeing and Eluding

According to the Ohio Revised Code § 2921.331, fleeing and eluding law enforcement is generally categorized as a first-degree misdemeanor. Ignoring a direct signal or command from any authorized police officer regulating traffic is taken very seriously in Jefferson County and throughout the state.

The offense escalates to a fourth-degree felony if the driver attempts to escape immediately after committing a separate felony crime. Furthermore, the charges can be enhanced to a third-degree felony if the motorist’s operation of the car causes physical harm to a person or property, or creates a substantial risk of such damage. Navigating these escalating charges requires the guidance of a knowledgeable Steubenville OVI attorney from the Youngstown Criminal Law Group to build a strong defense strategy.

Factors the Court Considers

When evaluating a fleeing and eluding case, the judicial system will carefully review several elements of the pursuit. These factors include:

• The total distance covered and the duration of the chase.
• The rate of speed the accused driver used while attempting to escape.
• Whether the motorist ignored traffic lights, stop signs, or other signals during the incident.
• The specific number of traffic control devices the driver failed to obey.
• Whether the individual drove without headlights when illumination was legally required.
• The frequency and nature of any moving violations committed while fleeing.
• Any other dangerous misconduct that could be viewed as a serious offense.

Penalties for Failure to Comply

It is vital to understand that even if the underlying OVI charge gets completely dismissed, the defendant can still be penalized for fleeing and eluding. A conviction for failing to comply adds six points to a person’s driving record, inevitably leading to skyrocketing auto insurance rates. Additionally, a dedicated Steubenville criminal lawyer will warn you that this conviction jeopardizes your driving privileges. A misdemeanor conviction can result in a license suspension lasting from six months up to three years. If convicted of a felony, the driver faces a potential lifetime suspension of their license, with a minimum mandatory suspension of three years.

The court may also impose the following severe criminal sentences:

• First-Degree Misdemeanor: Up to 180 days of imprisonment and a fine of up to $1,000.
• Fourth-Degree Felony: Up to 18 months of imprisonment and a fine of up to $5,000.
• Third-Degree Felony: Up to five years of imprisonment and a fine of up to $10,000.

Secure Legal Representation Today

Facing these dual charges can be terrifying, but the team at Youngstown Criminal Law Group understands the complex predicament you are in. A seasoned Steubenville OVI attorney will meticulously examine every detail of your traffic stop and subsequent pursuit to ensure your rights are protected. We are committed to helping you fight for justice and mitigating the severe consequences that accompany these allegations.

Don’t face the justice system alone; let a trusted Steubenville criminal lawyer advocate on your behalf. For a free and confidential consultation, connect with us today by calling (330) 791-8104.