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Fleeing and Eluding

July 21, 2013 Criminal Law and Procedure

When you see the flashing red and blue lights in the rear-view mirror that means it’s time to pull over to the side of the road at the earliest opportunity. Increasing your speed, turning off your lights, or otherwise trying to escape a police or conservation officer lawfully directing you to stop is a felony in Michigan. This law applies to boats as well as motor vehicles.

Read: Information on Criminal Charges in Michigan

There are four degrees of the of crime of Fleeing and Eluding, with increasing levels of consequences. MCL 750.479a.

1. Fourth-Degree Fleeing and Eluding is punishable by up to 2 years in prison, a $2,000 fine, or both. The driver’s license will be suspended for one year.

2. Third-Degree Fleeing and Eluding is punishable by up to 5 years in prison, a $5,000 fine, or both. The driver’s license will be suspended for one year. If the offense involved a boat the individual’s privilege to operate a boat will be suspended for up to five years. Third-Degree Fleeing and Eluding is where there was either;

a. A collision or accident as a result of the driver’s actions

b. The motor vehicle was in a 35 mile per hour or less area, or the boat was in an area designated as “slow-no wake,” “no wake,” or “restricted.”

c. The individual has a previous conviction for fourth-degree fleeing and eluding, attempted fourth-degree fleeing and eluding, or another fleeing or eluding conviction.

3. Second-Degree Fleeing and Eluding is punishable by up to 10 years in prison, a $10,000 fine, or both. The driver’s license will be revoked upon conviction. If the offense involved a boat the individual’s privilege to operate a boat will be suspended for up to five years. Second Degree Fleeing and Eluding is where either;

a. The violation results in serious impairment of a bodily function.

b. The individual has 1 or more prior convictions for first-, second-, or third-degree fleeing and eluding, attempted first-, second-, or third-degree fleeing and eluding, or another fleeing and eluding-type conviction.

c. The individual has any combination of 2 or more prior convictions for fourth-degree fleeing and eluding, attempted fourth-degree fleeing and eluding, or other fleeing and eluding law.

1. First-Degree Fleeing and Eluding is punishable by up to 15 years in prison, a $15,000 fine, or both. First-Degree Fleeing and Eluding is where the violation resulted in a person’s death. The driver’s license will be revoked. If the offense involved a boat the individual’s privilege to operate a boat will be suspended for up to five years.

Contact ArborYpsi Law at 734-883-9584 or at bernstein@arborypsilaw.com to speak to attorney Sam Bernstein

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