Fleeing and Eluding Defense in Mahoning County

Driving under the influence (OVI) is a serious matter that carries its own set of strict consequences. However, the legal stakes rise significantly if the driver fails to comply with a police officer’s order to stop or ignores their signal. In these instances, the alleged offender may face an additional charge of “Fleeing and Eluding” alongside the OVI accusation. This combination often results in far more severe penalties than a standard drunk driving case would warrant.

Typically, this offense is classified as a misdemeanor. However, specific circumstances can elevate the alleged crime to a felony level. Prosecutors often use fleeing and eluding charges to argue that the driver was fully aware they were committing a crime—specifically driving under the influence—and fled to avoid detection. If the motorist already has an outstanding warrant or a suspended license, they are statistically more likely to flee, a fact that the prosecution will attempt to leverage in court.

There are, however, valid justifications for why a driver might not immediately stop their vehicle after receiving an order or seeing a signal. Personal safety is a common concern, particularly if the officer is not in uniform or is driving an unmarked police vehicle. Environmental factors, such as severe weather, can also obstruct a driver’s ability to see lights or hear sirens. If you are facing these complex allegations, seeking the counsel of a skilled Youngstown criminal lawyer is essential to building a strong defense strategy.

Legal Representation for Fleeing and Eluding

If you or a loved one has been charged with these serious offenses and feels overwhelmed by the potential legal repercussions, the Youngstown Criminal Law Group is here to help. We are a premier legal resource where you can find dedicated representation to fight your case and strive for a just outcome.

Understanding Charges Under Ohio Law

According to the Ohio Revised Code § 2921.331, fleeing and eluding is generally categorized as a first-degree misdemeanor. It is a serious criminal offense to fail to comply with a lawful order or signal from any police officer invested with the authority to direct, control, or regulate traffic.

The severity of the charge increases to a fourth-degree felony if the offender flees immediately after committing a separate felony. Furthermore, the crime can be elevated to a third-degree felony if the situation involves specific aggravating factors. A qualified Youngstown DUI attorney can help you understand if your charges might be elevated based on the following criteria:

• The driver’s operation of the vehicle caused physical harm to any person or property.
• The driver’s operation of the vehicle created a substantial risk of serious physical harm to persons or property.

To navigate these high-stakes allegations, you require expert legal assistance. The Youngstown Criminal Law Group is prepared to provide the defense you need.

Factors Considered by the Court

When adjudicating these cases, the court will examine the totality of the circumstances surrounding the event. An experienced Youngstown criminal lawyer will analyze evidence regarding:

• The total duration of the pursuit and the distance covered.
• The specific driving speeds at which the offender attempted to evade authorities.
• Whether the offender failed to stop for traffic lights or ignored stop signs during the chase.
• The total number of traffic signals, signs, or lights the offender disregarded.
• Whether the offender drove without vehicle lights illuminated during times when they were legally required.
• If the offender committed a moving violation during the pursuit and the frequency of those violations.
• Any other misconduct by the offender that could constitute a serious offense.

Penalties for Failure to Comply

It is important to note that an alleged offender can still be convicted of fleeing and eluding even if the underlying OVI case is dismissed. A conviction for failure to comply can result in the addition of six points to the driver’s record, likely leading to skyrocketing insurance premiums.

Additionally, fleeing and eluding charges cast doubt on a driver’s reliability, threatening their driving privileges. A misdemeanor conviction for failure to comply can trigger a license suspension ranging from six months to three years. If a felony conviction is secured, the court may suspend the driver’s license for anywhere from three years to a lifetime ban. A knowledgeable Youngstown DUI attorney can work to mitigate these long-term consequences.

Beyond license issues, the following sentences may be imposed based on the severity of the charge:

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

Consult a Legal Professional Today

Dealing with the aftermath of these charges requires proactive legal defense. The Youngstown Criminal Law Group understands the difficult position you are in. Our team is experienced in defending clients in Mahoning County courts and helping them achieve justice. To discuss your specific situation with a Youngstown criminal lawyer, contact us today at 412.387.6901 for a freeconsultation.