If you or a loved one have been charged with fleeing and eluding in Michigan, you need an experienced criminal defense attorney who understands the complexities of these cases and can fight to protect your rights. Fleeing and eluding charges can carry severe penalties, including fines, imprisonment, and license suspension. We routinely handle fleeing and eluding cases across Michigan and work tirelessly to achieve the best possible outcome for our clients.
What is Fleeing and Eluding in Michigan?
Fleeing and eluding occurs when a driver willfully fails to stop their vehicle or attempts to evade a police officer after being signaled to stop. The law requires that the driver be signaled or ordered to stop their vehicle, knew of that order and refused to obey that order by trying to flee or avoid being caught. The visual or audible signal from an officer to stop may be given by hand, voice, emergency light, or siren. MCL 750.479a(1). Michigan’s laws on fleeing and eluding are codified under both the Michigan Vehicle Code and the Michigan Penal Code, with important distinctions that can impact your case.
As you will see below, the penalties in the Michigan Vehicle Code carry higher fines than those in the Michigan Penal Code. However, a driver under the age of 26-years old may be eligible to have a charge for Fleeing and Eluding deferred and dismissed pursuant to the Michigan Holmes Youthful Trainee Act (HYTA) if charged under the Michigan Penal Code. While a conviction is never the goal and we always work towards obtaining a dismissal of the charge, convincing a prosecutor to amend or reduce a charge of Fleeing and Eluding from the Michigan Vehicle Code to the Michigan Penal Code and consent to HYTA may be the only way to save a driver from the harsh mandatory license suspension. This is because a "conviction" under HYTA is deferred at sentencing and no abstract of the "conviction" is sent to the Michigan Secretary of State unless the driver violates the terms of their probation and HYTA status is revoked by the sentencing judge.
There are also a variety of defenses available for a driver charged with fleeing and eluding, including mistaken identity, challenging evidence that the driver willfully ignored an officer's command, contesting the legitimacy of the signal or command to stop by the officer, demonstrating a vehicle malfunction such as brake failure that prevented the driver from stopping immediately, as well as other defenses that can develop from a skilled attorney's review of a case.
Degrees of Fleeing and Eluding in Michigan
Michigan law recognizes four different degrees of fleeing and eluding, each with escalating penalties and license sanctions depending on the severity of the offense.
Fourth-Degree Fleeing and Eluding
Definition: Occurs when a driver fails to stop after being signaled by law enforcement.
Penal Code Penalty: Punishable by up to 2 years in prison, a $500 fine, or both. MCL 750.479a(2).
Vehicle Code Penalty: Punishable by up to 2 years in prison, a $2,000 fine, or both. MCL 257.602a(2).
License Sanction: Mandatory suspension of your driver’s license for at least one year.
Third-Degree Fleeing and Eluding
Definition: Involves fleeing or eluding that results in a collision or accident, some portion of the violation took place in an area where the speed limit was 35 miles per hour or less, or the driver has a prior conviction for fourth-degree fleeing and eluding.
Penal Code Penalty: Punishable by up to 5 years in prison, a $5,000 fine, or both. MCL 750.479a(3).
Vehicle Code Penalty: Punishable by up to 5 years in prison, a $1,000.00 fine, or both. MCL 257.602a(3)
License Sanction: Mandatory suspension of your driver’s license for at least one year.
Second-Degree Fleeing and Eluding
Definition: Involves fleeing or eluding that results in serious bodily injury to another person, or the driver has one prior conviction for first, second, or third-degree fleeing and eluding or the driver has two prior convictions for fleeing and eluding in the fourth-degree.
Penal Code Penalty: Punishable by up to 10 years in prison, a $10,000 fine, or both. MCL 750.479a(4).
Vehicle Code Penalty: Punishable by up to 10 years in prison, a $5,000 fine, or both. MCL 257.602a(4).
License Sanction: Mandatory revocation of your driver’s license.
First-Degree Fleeing and Eluding
Definition: The most serious charge, occurring when fleeing or eluding results in the death of another person.
Penal Code Penalty: Punishable by up to 15 years in prison, a $15,000 fine, or both. MCL 750.479(5).
Vehicle Code Penalty: Punishable by up to to 15 years in prison, a $10,000 fine, or both. MCL 257.602a(5).
License Sanction: Mandatory revocation of your driver’s license.
License Sanctions and Collateral Consequences
A conviction for fleeing and eluding not only carries the immediate penalties listed above but also significant collateral consequences, including:
Loss of driving privileges for a minimum of 1 year, with no hardship license available. For a driver convicted of fleeing and eluding, the Michigan Secretary of State will suspend or revoke their driver's license immediately after the court provides notice of the conviction. A suspension can last 1-year or longer, depending on their driving record, points, and subsequent moving violations. A revocation of a driver's license is indefinite, unless the driver successfully petitions the Secretary of State for reinstatement of their license.
Probation up to 3 years, including court-ordered community service, drug and alcohol testing, substance abuse treatment programs, and driver's safety courses and programs.
Increased insurance premiums or policy cancellations.
Difficulty obtaining employment, particularly in roles requiring driving or a clean criminal record. A felony conviction for fleeing and eluding will remain on an individual's permanent criminal record, it is not eligible for automatic expungement. Felony convictions can be difficult to set aside (expunge), so it is important to properly handle your case from the start.
Potential immigration consequences for non-citizens.
Common Related Charges
Fleeing and eluding charges are often accompanied by related offenses, which can complicate your case and increase potential penalties. Some of the most common related offenses include Reckless Driving, Operating While Intoxicated or "drunk driving" (OWI/DUI), Resisting and Obstructing a Law Enforcement Officer (resisting arrest), Careless Driving, and Assault & Battery. When charges are combined, the penalties can escalate resulting in longer prison or jail sentences, increased fines, and license sanctions.
How Bondy Law, PLLC Can Help
We understand the stress and uncertainty that come with fleeing and eluding charges. Spencer M. Bondy has a proven track record of successfully defending clients in Michigan against these charges. We carefully analyze every aspect of your case, challenge the prosecution’s evidence, and explore all possible defenses to achieve the best outcome for you.
If you’re facing fleeing and eluding charges in Michigan, don’t wait to get the legal help you need. Contact us today for a free consultation to discuss your case and learn how we can help protect your rights and future.
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