If you have been arrested, charged, or cited for a driving crime, it is important that you understand the charges against you and what your legal rights are. Idaho criminal and traffic law is complex. You should not try to take on the criminal justice system on your own.
Misdemeanor vs. Felony
Eluding can me charged as either a felony or a misdemeanor. The differences are subtle. With the help of a skilled attorney, it may be possible to have a felony eluding charge reduced to a misdemeanor.
Any driver of a motor vehicle who willfully flees or attempts to elude a pursuing police vehicle when given a visual or audible signal to bring the vehicle to a stop, shall be guilty of a misdemeanor.
Any driver who is guilty of the above, while: (a) Travels in excess of thirty (30) miles per hour above the posted speed limit; (b) Causes damage to the property of another or bodily injury to another; (c) Drives his vehicle in a manner as to endanger or likely to endanger the property of another or the person of another; or (d) Leaves the state - is guilty of a felony!
The signal given by a peace officer may be by emergency lights or siren. It is sufficient proof that a reasonable person knew or should have known that the visual or audible signal given by a peace officer was intended to bring the pursued vehicle to a stop.
For more information see: https://legislature.idaho.gov/statutesrules/idstat/Title49/T49CH14/SECT49-1404/
Potential Penalties For an Eluding Conviction
On top of any jail or prison sentence that may be included in a conviction, a conviction for eluding will include a drivers license suspension:
"The department shall suspend the driver's license or privileges of a person who has pled guilty or is found guilty of a misdemeanor violation of the provisions of this section, notwithstanding the form of the judgment or withheld judgment, as provided in section 49-326, Idaho Code. Any person who has pled guilty or is found guilty of a felony violation of the provisions of this section, notwithstanding the form of the judgment or withheld judgment, shall have his driving privileges suspended by the court for a minimum of one (1) year, which may extend to three (3) years, at the discretion of the court, during which time he shall have absolutely no driving privileges of any kind."
Fight Your Eluding Charge
There is hope. Eluding cases are winnable. A skilled attorney will be able to provide you will the best possible defense to the charges.
Do not fight the system on your own, you have too much on the line! Protect your rights and your freedom! Call me today for a free consultation!