Virginia Criminal Defense Attorney
Most people are responsive to law enforcement officers when they signal to pull over. However, a driver who is not paying attention and does not see the lights in the distance might have driven for sometime before being pulled over, in which case they might end up being charged with eluding.
The most common behavior that leads to a charges for attempting to elude an officer in Fairfax comes from continuous driving after the law enforcement officer has indicated their intention to pull the driver over. A well-versed traffic attorney could help assess the strength of your defense prior to presenting your argument in court.
An attempt to elude an officer is defined as a driver who is not responding to an officer’s attempts to pull that driver over. That could vary depending on how the officer attempted to pull them over and the length of time that a driver has driven on down the road after a police officer has activated their emergency lights or sirens.
An attempting to elude an officer charge could either be a misdemeanor or a felony, depending on the circumstances. Evidence of the eluding will be presented by the officer at court and the defendant will have to present a defense and try to contest the evidence against them at trial.
Somebody could be charged with attempting to elude an officer in Fairfax if they exit the highway after an officer has attempted to pull them over. The nature of that charge comes down to understanding the driver’s intent when the driver is exiting the highway.
When a law enforcement officer deploys their equipment to indicate an intention to pull over a driver, the officer usually expects an immediate response by the driver to go to the side of the road. Perhaps the driver was not looking in their rearview mirror or otherwise paying attention and did not see the officer’s equipment being deployed. Or maybe the driver was looking for a safer place to pull over.
However, many drivers are nervous by being pulled over or nervous by being on the side of the highway and are looking for a safe place to pull over. If in their attempt to find a safe place they take too long to pull over, they can end up with an eluding charge against them.
Attempting to elude a law enforcement officer charge is a serious offense. Attempting to elude an enforcement officer can be either a misdemeanor or felony charge, depending on the circumstances leading to the citation. When defending a charge for attempting to elude an officer in Fairfax, an attorney may want to contest the prosecution’s evidence while trying to prove that the driver’s intentions were not to avoid or evade the police officer’s signals. Presenting evidence in court falls within the expertise of an attorney. This is very difficult to do by a person who has not been trained and is not familiar with the local court rules.