Felony eluding vs misdemenor eluding
- Thread starter trc46
- Start date
Wondering...or referencing your Road Kill thread?
He said he shut off at 130. And there were no police involved.
I know. I posted in that one too. Just poking fun at the young buck...I mean, he's trying to buy the Barney car so I gotta bust his chops a little. Lol.
OP, j/k. Your my boy blue. And please be careful on that bike!
Haha my dads shar-pei is named blue , the traction control really saves me, theres been a few times were I would've spun out with out it!
Don't hate hahaha
At speeds like that, I'm pretty sure it'd be a felony charge, compounded by whatever other charges the officer can think of....
***I'm not an officer, nor an attorney. What I said may or may not be true.
***I'm not an officer, nor an attorney. What I said may or may not be true.
+1
OP should worry about being alive after some stupidity like that not what charge he's gonna catch.
we can only hope they crush the bike. don't know who was on it, don't particularly care but hopefuly the judge would crush the rider under the hand of justice as well
Sec. 38.04. EVADING ARREST OR DETENTION. (a) A person commits an offense if he intentionally flees from a person he knows is a peace officer or federal special investigator attempting lawfully to arrest or detain him.
b) An offense under this section is a Class A misdemeanor, except that the offense is
1) a state jail felony if the actor has been previously convicted under this section;(2) a felony of the third degree ifA) the actor uses a vehicle while the actor is in flight;(B) another suffers serious bodily injury as a direct result of an attempt by the officer from whom the actor is fleeing to apprehend the actor while the actor is in flight; or(C) the actor uses a tire deflation device against the officer while the actor is in flight; or(3) a felony of the second degree ifA) another suffers death as a direct result of an attempt by the officer from whom the actor is fleeing to apprehend the actor while the actor is in flight; or(B) another suffers serious bodily injury as a direct result of the actor's use of a tire deflation device while the actor is in flight.(c) In this section1) "Vehicle" has the meaning assigned by Section 541.201, Transportation Code.
b) An offense under this section is a Class A misdemeanor, except that the offense is
1) a state jail felony if the actor has been previously convicted under this section;(2) a felony of the third degree ifA) the actor uses a vehicle while the actor is in flight;(B) another suffers serious bodily injury as a direct result of an attempt by the officer from whom the actor is fleeing to apprehend the actor while the actor is in flight; or(C) the actor uses a tire deflation device against the officer while the actor is in flight; or(3) a felony of the second degree ifA) another suffers death as a direct result of an attempt by the officer from whom the actor is fleeing to apprehend the actor while the actor is in flight; or(B) another suffers serious bodily injury as a direct result of the actor's use of a tire deflation device while the actor is in flight.(c) In this section1) "Vehicle" has the meaning assigned by Section 541.201, Transportation Code.
In Virginia it would definately be a felony. ANYTIME, in a pursuit, if the fleeing party exceeds the posted speed limit by 20MPH or more, law states it is an automatic felony. It can also be a felony under that speed if other criteria are met.
If the person who is fleeing the police did not commit a felony (say you clocked them going 10 mph over, and they decide to run) police cannot pursue?
Is this true? I heard they will not chase because it is not worth the risk to other civilians
Is this true? I heard they will not chase because it is not worth the risk to other civilians
Really depends on where you are... varies by department. RI County here is no pursue unless original charge/reason is a felony. Individual departments within the county can/will chase for anything while others have no chase policies.*
* also not leo or lawyer...
Depends of the individual Department policy.
If you attempt to elude, I will pursue.
So if the fleeing person did not commit a felony, you will risk the lives of other innocent civilians to try and catch them? I am not saying you are the bad guy, just saying that the risk of killing other people skyrocket during a chase. Is it really worth the risk of having a fatal crash to apprehend somebody who is evading a speeding ticket?
If that's the case, then noone will ever get another small non-felony ticket. Everyone will know to keep going knowing they cannot be pursed.
Getting pulled over for tinted windows or missing front plate...just run because the cop cannot pursue you since the original crime is not a felony. Get clocked at 70 in a 55...well keep on going because the cop cannot pursue you for the same reason.
Really think that's going to happen?
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