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Fleeing and Eluding
Fleeing and Eluding Cases With a Wheeling WV DUI Lawyer
Driving under the influence (DUI) carries its own consequences, but when an alleged offender refuses to stop when ordered by a police officer, additional charges of Fleeing and Eluding may be filed, compounding the penalties. What was once a misdemeanor can become a felony under certain circumstances, with the prosecution using these charges to argue that the driver knowingly committed a crime while impaired. If the motorist has a suspended license or an outstanding warrant, the prosecution will have an easier time proving their case.
However, it’s important to note that there may be justifiable reasons for not stopping at a signal or following an order. Concerns for personal safety, especially when the officer is not in uniform or the police vehicle is unmarked, or adverse weather conditions that make it difficult to see or hear the signal, can be valid factors.
Wheeling WV Criminal Lawyer for Fleeing and Eluding
If you or your loved ones are facing such charges and anticipate a challenging legal battle, the Mountaineer Criminal Law Group is here to help. We provide access to top-notch Wheeling WV OVI Lawyers who will fight for your rights and work towards justice.
The Charges for Fleeing and Eluding in West Virginia
Fleeing and Eluding is typically classified as a first-degree misdemeanor under the West Virginia Revised Code § 2921.331. Refusing to comply with orders from a police officer who has the authority to control, direct, or regulate traffic is a serious offense.
However, if the offender flees immediately after committing a felony, the crime becomes a fourth-degree felony. Furthermore, it can be elevated to a third-degree felony in the following circumstances:
- The driver’s actions cause physical damage to a person or property.
- The driver’s actions pose a substantial risk to a person or property.
To effectively navigate this complex case, you will need the assistance of an experienced Wheeling WV OVI Lawyer. At the Mountaineer Criminal Law Group, we can connect you with the best Wheeling WV Criminal Lawyers who will passionately defend your rights.
While dealing with a case, the court takes into consideration several factors:
- The distance and duration of the pursuit
- The rate of driving speed at which the offender attempted to flee
- Disregard for traffic lights or signals during the pursuit
- Failure to stop at multiple signals, signs, or traffic lights
- Driving without vehicle lights when required
- Moving violations committed during the pursuit and the frequency of such violations
- Other misconducts by the offender that may constitute a serious offense
Penalise in Case of Failure to Comply
Failure to comply can lead to penalties, such as adding six points to the driver’s record and increased insurance rates, even if the OVI case is dismissed. Fleeing and eluding can raise suspicion regarding driving privileges, potentially resulting in a six-month to three-year suspension for misdemeanors or failure to comply. For felony convictions, the driver’s license may be suspended for three years or even for life.
Additionally, the following sentences may be imposed:
- First-Degree Misdemeanor: Up to 180 days of imprisonment and a fine of up to $1,000
- Fourth-Degree Felony: Up to 18 months of imprisonment and a fine of up to $5,000
- Third-Degree Felony: Up to five years of imprisonment and a fine of up to $10,000
Are you facing charges related to OVI in Wheeling? Don’t worry, our experienced Wheeling WV OVI Lawyer is here to assist you in dealing with the consequences and mounting a strong defense.
Find a Wheeling WV OVI Lawyer for Your Case
At Mountaineer Criminal Law Group, we understand the challenges you’re facing. Our skilled Wheeling WV Criminal Lawyer has the expertise to represent you in court and fight for justice on your behalf. Take the first step towards a favorable outcome by connecting with us today for a free consultation.
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