Fleeing and Eluding

Fleeing and Eluding

The words “fleeing or attempting to elude a law enforcement officer” bring to mind a dramatic, high-speed chase on Texas highways that you might see on the news. However, the charge of fleeing and eluding an officer frequently comes out of a misunderstanding of the alleged offender’s actions.

To protect your rights and fight for a favorable outcome in your Dallas County fleeing and eluding case, it is recommended you work with an experienced traffic law defense attorney serving the DFW metroplex.

Dallas County Defense Attorney for Fleeing and Eluding

Fleeing or attempting to elude a law enforcement officer in Texas comes with serious penalties. If you have been arrested and charged with fleeing and eluding an officer in Dallas, Garland, Irving, Addison, Richardson, Mesquite, Denton, Fort Worth, or Arlington, contact the experienced Dallas criminal defense attorneys of Law Offices of Richard C. McConathy.

They will fight to get your fleeing an officer charge in Dallas County reduced or dismissed while protecting your rights. To see what Law Offices of Richard C. McConathy can do for your fleeing and attempting to elude a police officer case, call (972) 233-5700 today and schedule your free initial case consultation.


DFW Fleeing and Eluding an Officer Information Center


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Definition of Fleeing and Eluding a Police Officer in Texas

What constitutes an offense of fleeing and eluding a Texas law enforcement officer is governed by Tex Tn. Code Ann. § 545.421. According to this statute, a person commits fleeing and eluding if, while operating a motor vehicle on Texas roads, willfully, flees, attempts to elude, or otherwise fails or refuses to stop the vehicle in response to a visual or audible signal from a police officer.

The signal given is most often the lights and sirens of a police vehicle, but may also be by hand or voice. The law enforcement officer signaling the stop must be in official uniform with a prominently displayed badge of office, and any police vehicle involved must be officially and appropriately marked as a police vehicle.

Though a charge of fleeing and eluding a Texas police officer frequently involves both the vehicle of the alleged offender and a police vehicle, it is possible to flee or elude an officer by failing to stop at the signal of an officer who is directing or stopping traffic on foot. No matter the circumstances of your fleeing and eluding charge in Dallas County, a qualified traffic law defense attorney can fight against the serious consequences that come with a conviction of fleeing and eluding a law enforcement officer in Texas.


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Penalties for Fleeing and Eluding a Texas Law Enforcement Officer

What penalties a conviction of fleeing and eluding a Texas police officer depends on the factors involved in the case. Generally, fleeing or attempting to elude a police officer in Texas is a Class B misdemeanor. According to Texas Penal Code § 12.22, an individual convicted of a Class B misdemeanor offense faces a maximum penalty of 180 days in prison and a $2,000 fine.

A conviction for fleeing or attempting to elude a law enforcement officer is upgraded to a Class A misdemeanor in Texas if the defendant recklessly engaged in conduct that placed another in imminent danger of serious bodily injury during the commission of the fleeing and eluding offense. Knowingly operating a motor vehicle while intoxicated is considered being recklessly engaged in such conduct.

A Class A misdemeanor is punishable by a maximum of one year and jail and $4,000 in fines under Tex. Penal Code § 12.21. A qualified DFW traffic lawyer can fight these consequences with a comprehensive defense that includes elements like the lack of willful disregard for the law.


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Possible Defenses to Fleeing and Eluding in Dallas-Fort Worth

In order to be convicted of fleeing and eluding a police officer in Dallas, the prosecution must prove beyond a reasonable doubt that the person operating the motor vehicle willfully failed or refused to stop after being given the signal to stop by a Texas law enforcement officer. An experienced DFW criminal defense attorney can use certain factors in your case to shed doubt on the element of willful intent, such as:

  • Evidence that driver did not see or hear signal to stop
  • Evidence that a reasonable person would have doubted that the police officer was a true law enforcement officer due to lack of proper uniform or prominently displayed badge
  • Evidence that a reasonable person would have doubted that the pursuing vehicle was a marked, official police vehicle
  • Failure to immediately stop was based on a reasonable concern for personal safety based on the time and location of the signal to stop
  • The defendant eventually stopped voluntarily
  • The compliant behavior of the defendant after stopping voluntarily

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Law Offices of Richard C. McConathy | Defense Lawyer for Fleeing and Eluding a DFW Police Officer

If you have been charged with fleeing and attempting to elude a Texas law enforcement officer in Dallas County, Denton County, Collin County, Tarrant County, Rockwall County, Johnson County, Wise County, Ellis County, contact the experienced defense lawyers of Law Offices of Richard C. McConathy.

They will do whatever it takes to prepare a customized, comprehensive defense and fight for a favorable outcome. Call 972-233-5700 today to schedule your free initial consultation with Law Offices of Richard C. McConathy.


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Client Testimonials

  • 5 stars
    I would like to thank the Law Office of Richard C. McConathy for your awesome and courtious attention to professionalism. I am amazed at Richard and Brian''s ability to get a fast resolution and am grateful to them for the time put into this matter. I could feel the genuine concern and dedication that the attorney''s put on my case.
    - Andrea L.
  • 5 stars
    I hired The Law Office of Richard C. McConathy after I got arrested for DWI. In my life of work, I absolutely could not have a conviction on my record. At trial, I was found Not Guilty. Brian and Richard are the best lawyers in Dallas!
    - David C.
  • 5 stars
    I was able to keep my driver''s license and keep a clean a record as both the ALR and DWI case were both dismissed! I was pleased with their professionalism and ability to work with me to achieve the best possible outcome, dismissals all around.
    - James M.
  • 5 stars
    I was pulled over on the North Dallas Tollway for going 90 mph. The cop said that I was all over the road, and failed all the field tests and was obviously intoxicated. I pretty much lost all hope that I would walk away from this. That was until I found Richard McConathy. Richard and his firm fought the DA and eventually got my case dismissed. I couldn''t give a bigger recommendation for these guys. If you''re in trouble don''t hesitate, it is worth it.
    - Greg B.
  • 5 stars
    The law offices of Richard C. McConathy represented me with the utmost professionalism and they secured a victory for my probation revocation case. My case was nine years old and I was told by other firms that it would be very difficult to get the judge to revoke. This firm took my case on, and not only won the judgment, but also got the original probation case conditions dismissed. I highly recommend this law firm to any person in need if legal representation. They are very considerate and extremely knowledgeable.
    - Brant G.
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