What is Attempt to Elude An Officer in Richmond?
Attempt to Elude in Richmond, Virginia is when an individual after hearing or receiving a visible or audible signal to pullover either refuses or as the statute states you willfully and wantonly disregard such a signal and attempt to elude or escape. This can be anything from jumping out of the car and running away to attempting to speed up and lose contact with the officer.
What Are The Elements of AEO in Richmond, Virginia?
The elements for eluding in Richmond, Virginia are, number one, the officers have to show that there was an infraction or a law broken and provide a probable cause for the stop. Then they have to show that the individual received a visible or audible signal to stop and that upon receiving that signal the accused attempted to elude or either willfully or wantonly disregard that signal in an attempt to escape.
What Level of Offense is AEO in Richmond, Virginia?
Simple eluding, which would be again driving off after receiving a signal and maybe stopped later or coming to a stop, is a Class 2 misdemeanor. Simple eluding entails that the eluding does not interfere or endanger other bystanders or the arresting officer and is punished with up to 6 months in jail and a high fine and a possible license suspension. If it is an eluding that causes danger or danger for life or property of an officer or a bystander then it is treated as a Class 6 felony with up to 5 years of incarceration.
What Are Some Common Ways You Have Seen AEO Driving Charged?
Most common ways I have seen eluding cases is when an individual is pulled over for a DUI or driving on suspended license. It is usually an impulsive act by the defendant so they are scared and attempt to drive away. Typically most defendants are usually trying to drive home when such offenses occur and they think that if they can get home things can be better. Most eluding cases stem from rather simple traffic stops and they are escalated just by the act of eluding.
Officers in eluding cases are looking for, number one, intoxication whether it be alcohol or drugs. They are also looking for weapons in the vehicle. Just in Richmond there is a high probability of that in a lot of these cases. They are also looking for any drugs in the vehicle. So they are looking for associated crimes that can occur with eluding that would actually lead someone to try and elude if they knew that there was something in the car that could get them into trouble.