Eluding a Law Enforcement Officer in Virginia

An attempt to elude a law enforcement officer is a crime pursuant to Virginia Code Section 46.2-817. First, it is a Class 2 misdemeanor for any person who, fails to bring his or her vehicle to a stop after having received a visible or audible signal from any law enforcement officer, drives in a willful and wanton disregard of such signal, or who attempts to escape or elude a law enforcement officer whether on foot, in the vehicle, or by any other means. Second, if the person’s operation of the vehicle interferes with or endangers the operation of the law enforcement vehicle or endangers a person, he or she is guilty of a Class 4 felony. If the law enforcement officer is killed as a result of the pursuit, the charge is a Class 4 felony. In either circumstance, however, it is an affirmative defense that the driver reasonably believed he or she was being pursued by a person other than a law enforcement officer.

In addition to other penalties, Section 46.2-817, provides for mandatory suspension of the driver’s license upon conviction of either offense. Specifically, the suspension is for a period of not less than thirty days nor more than one year; however, in any case where the driver’s speed was more than twenty miles per hour over the speed limit, his or her driver’s license must be suspended for a period of not less than ninety days.

The statute expressly states that a prosecution for violation of Section 46.2-817 and a prosecution under other provisions of law for the same acts or activities is permissible.

If you or a loved one is charged with eluding a law enforcement officer in Alexandria or the counties of Arlington, Fairfax, or Prince William contact Patel & Williams, PLLC, today.