Fleeing and Eluding Laws and Penalties in Michigan

Fleeing and eluding sounds like fun.  Straight out of a video game. But it is a serious crime in Michigan that carries severe consequences, including jail time, hefty fines, and license suspension.

In Michigan, fleeing and eluding refers to the act of intentionally failing to stop a vehicle when directed to do so by a police officer.

The penalties for fleeing and eluding can vary depending on the circumstances, and drivers can face misdemeanor or felony charges.

This article will explain the definition of fleeing and eluding in Michigan, the penalties associated with it, and the factors that affect penalties.

We will also discuss defenses against fleeing and eluding charges, the role of law enforcement in these cases, and the importance of hiring a fleeing and eluding defense attorney.

Additionally, we will cover the consequences of a fleeing and eluding conviction and the future of fleeing and eluding laws in Michigan.

Understanding the Definition of Fleeing and Eluding in Michigan

What is Fleeing and Eluding?

Fleeing and eluding is a criminal offense in Michigan that occurs when someone purposely fails to stop their vehicle when signaled to do so by a police officer.

The purpose of the signal can be to arrest the individual or to conduct a preliminary investigation into a traffic violation or a crime.

Types of Fleeing and Eluding

There are four different types of fleeing and eluding, each with different levels of severity.

First-degree fleeing and eluding is the most serious and occurs when the individual causes injury or death of another person while fleeing from the police.

Second-degree fleeing and eluding is the next level and occurs when the individual creates a high risk of injury or death to another person or a police officer.

Third-degree fleeing and eluding involves the individual fleeing in a reckless way, and

Fourth-degree fleeing and eluding is the least serious and occurs when the individual fails to stop their vehicle or intentionally eludes the police.

Michigan Compiled Law

MCL 750.479a Failure to obey direction of police or conservation officer to stop motor vehicle or vessel; violation of subsection (1); fleeing and eluding as felony; penalty; suspension of license; revocation; conviction and sentence under other provision; definitions.

Penalties for Fleeing and Eluding in Michigan

Misdemeanor vs. Felony Charges

The severity of the fleeing and eluding charge depends on the type of offense committed.

First-degree fleeing and eluding is a felony offense, while second, third, and fourth-degree offenses are misdemeanor offenses.

Jail Time, Fines, and License Suspension

The penalties for fleeing and eluding in Michigan can be severe.

FLEEING AND ELUDING – FOURTH DEGREE

A person can be found guilty of the crime of fleeing and eluding in the fourth degree, contrary to MCL 257.602a(2) and MCL 750.479a(2), if the prosecutor can prove all of the following elements beyond a reasonable doubt (Model Criminal Jury Instruction 13.6d):

• that a police officer was in uniform and was performing his or her lawful duties and that any vehicle driven by the officer was adequately marked as a law enforcement vehicle.
• that the defendant was driving a motor vehicle.
• that the officer ordered that the defendant stop his or her vehicle.
• that the defendant knew of the order.
• that the defendant refused to obey the order by trying to flee or avoid being caught.

The penalties for fleeing and eluding in the fourth degree are punishable by a felony conviction as follows:

• Imprisonment up to 2 years.
• A fine up to $500.00.
• Driver’s License is suspended for one year (revoked if this is a second offense).
• 6 points added to your Michigan driving record.

Repeat Offenders

Repeat offenders may face even harsher penalties, including longer jail time, higher fines, and longer driver’s license suspensions.

FLEEING AND ELUDING – THIRD DEGREE

A person can be found guilty of the crime of fleeing and eluding in the third degree, contrary to MCL 257.602a(3) and MCL 750.479a(3), if the prosecutor can prove all of the following beyond a reasonable doubt (Model Criminal Jury Instruction 13.6d):

• that a police officer was in uniform and was performing his or her lawful duties and that any vehicle driven by the officer was adequately marked as a law enforcement vehicle.
• that the defendant was driving a motor vehicle.
• that the officer ordered that the defendant stop his or her vehicle.
• that the defendant knew of the order.
• that the defendant refused to obey the order by trying to flee or avoid being caught.
• that the violation resulted in a collision or accident OR some portion of the violation took place in an area where the speed limit was 35 miles per hour or less whether as posted or as a matter of law OR that the defendant has a prior conviction for fleeing and eluding in the fourth-degree, attempted fleeing and eluding in the fourth-degree, or fleeing and eluding under a current or former law of this state prohibiting substantially similar conduct.

The penalties for fleeing and eluding in the third degree are punishable by a felony conviction as follows:

• Imprisonment up to 5 years.
• A fine up to $1,000.00.
• Driver’s License is suspended for one year (revoked if this is a second offense).
• 6 points added to your Michigan driving record.

FLEEING AND ELUDING – SECOND DEGREE

Acan be found guilty of the crime of fleeing and eluding in the second degree, contrary to MCL 257.602a(4) and MCL 750.479a(4), if the prosecutor can prove all of the following elements beyond a reasonable doubt (Model Criminal Jury Instruction 13.6d):

• that a police officer was in uniform and was performing his or her lawful duties and that any vehicle driven by the officer was adequately marked as a law enforcement vehicle.
• that the defendant was driving a motor vehicle.
• that the officer ordered that the defendant stop his or her vehicle.
• that the defendant knew of the order.
• that the defendant refused to obey the order by trying to flee or avoid being caught.
• that the violation resulted in serious impairment of a body function to an individual OR that the defendant has one or more prior convictions for first-, second-, or third-degree fleeing and eluding; attempted first-, second-, or third-degree fleeing and eluding; or fleeing and eluding under a current or former law of this state prohibiting substantially similar conduct OR that the defendant has any combination of two or more prior convictions for fourth-degree fleeing and eluding, attempted fourth-degree fleeing and eluding, or fleeing and eluding under a current or former law of this state prohibiting substantially similar conduct.

“Serious impairment of a body function” as defined includes, but is not limited to, one or more of the following:

• Loss of a limb or loss of use of a limb.
• Loss of a foot, hand, finger, or thumb or loss of use of a foot, hand, finger, or thumb.
• Loss of an eye or ear or loss of use of an eye or ear.
• Loss or substantial impairment of a bodily function.
• Serious visible disfigurement.
• A comatose state that lasts for more than 3 days.
• Measurable brain or mental impairment.
• A skull fracture or other serious bone fracture.
• Subdural hemorrhage or subdural hematoma.
• Loss of an organ.

The penalties for fleeing and eluding in the second degree are punishable by a felony conviction as follows:

• Imprisonment up to 10 years.
• A fine up to $5,000.00.
• Driver’s License is revoked for at least one to five years.
• 6 points added to your Michigan driving record.

FLEEING AND ELUDING – FIRST DEGREE

A person can be found guilty of the crime of fleeing and eluding in the first degree, contrary to MCL 257.602a(5) and MCL 750.479a(5), if the prosecutor can prove all of the following elements beyond a reasonable doubt Criminal Jury Instruction 13.6d):

• that a police officer was in uniform and was performing his or her lawful duties, and that any vehicle driven by the officer was adequately marked as a law enforcement vehicle.
• that the defendant was driving a motor vehicle.
• that the officer ordered that the defendant stop his or her vehicle.
• that the defendant knew of the order.
• that the defendant refused to obey the order by trying to flee or avoid being caught.
• that the violation resulted in the death of another individual. The prosecutor must establish factual causation, not proximate causation, that the individual’s criminal conduct was the cause of another individual’s death (e.g. but for the individual’s fleeing and eluding, would the death have occurred?). 

People v Wood, 276 Mich App 669, 741 NW2d 574 (2007).

The penalties for fleeing and eluding in the first degree are punishable by a felony conviction as follows:

• Imprisonment up to 15 years.
• A fine up to $10,000.00.
• Driver’s License is revoked for at least one to five years.
• 6 points added to your Michigan driving record.

Factors that Affect Fleeing and Eluding Penalties

The Severity of the Offense

The severity of the offense, such as the level of injury or risk caused during the fleeing and eluding incident, may affect the penalties.

Presence of Aggravating Circumstances

The presence of aggravating circumstances, such as prior convictions or an attempt to harm a police officer, may result in more severe penalties.

Mitigating Factors

Mitigating factors, such as lack of prior convictions or cooperation with authorities, may result in lesser penalties.

Defenses Against Fleeing and Eluding Charges in Michigan

Lack of Intent

One possible defense against fleeing and eluding charges is a lack of intent to elude the police. If the individual did not understand that they were being signaled to stop, they may not have had the intent to flee from the police.

False Accusations

Another possible defense is false accusations. If the individual was wrongly accused of fleeing and eluding, they may be able to present evidence to prove their innocence.

Challenging Police Conduct

A third possible defense is challenging police conduct. If the police officer used excessive force or violated the individual’s rights during the chase, the charges may be dropped or reduced.

The Role of Law Enforcement in Fleeing and Eluding Cases

Fleeing and eluding is a serious crime in Michigan, and law enforcement plays a critical role in these cases. Officers have the authority to initiate a pursuit if they have reasonable suspicion to believe that an individual is fleeing or attempting to elude them. During a pursuit, officers must follow certain protocols to ensure the safety of all parties involved. If the pursuit becomes too dangerous, officers may terminate it. Additionally, the use of force by officers in a fleeing and eluding case may be justifiable in certain circumstances.

Initiating a Pursuit

In Michigan, law enforcement has the authority to initiate a pursuit if they have reasonable suspicion that an individual is fleeing or attempting to elude them. Officers must follow specific guidelines during a pursuit, such as activating their emergency lights and sirens, notifying their supervisor, and providing a reason for the pursuit.

Terminating a Pursuit

During a pursuit, officers must continuously evaluate the situation to determine if the pursuit should be terminated due to safety concerns. Factors such as traffic conditions, weather, and the speed of the suspect’s vehicle all play a role in the decision to terminate a pursuit.

Use of Force

The use of force by officers in a fleeing and eluding case may be justifiable if the suspect poses a threat to the officer or the public. However, officers must use the minimum amount of force necessary to control the situation.

The Importance of Hiring a Fleeing and Eluding Defense Attorney

If you are facing charges for fleeing and eluding, it’s critical to hire an experienced defense attorney who understands the legal process and can protect your rights. An attorney can help you navigate the court system, build a strong defense, and potentially reduce the charges or penalties you face.

Understanding the Legal Process

A defense attorney can provide invaluable guidance on the legal process and the potential consequences you may face. They can explain your options and help you make informed decisions about how to proceed.

Navigating the Court System

A defense attorney can represent you in court, negotiate with the prosecutor, and advocate for your rights and best interests. They can also help you understand what to expect during the court process and prepare you for any hearings or trials.

Protecting Your Rights

An attorney can also help protect your constitutional rights, such as your right to remain silent and your right to a fair trial. They can ensure that law enforcement followed proper protocol during your arrest and that any evidence against you was obtained legally.

The Consequences of a Fleeing and Eluding Conviction

A fleeing and eluding conviction can have severe consequences that can impact your future for years to come. These consequences may include a permanent criminal record, difficulty finding employment and housing, and damage to your personal and family life.

Permanent Criminal Record

A fleeing and eluding conviction will result in a permanent criminal record, which may impact your ability to obtain certain jobs and professional licenses. It may also affect eligibility for certain government programs and financial aid.

Difficulty Finding Employment and Housing

A criminal record can make it difficult to find employment and housing, as employers and landlords often conduct background checks. A conviction for a serious offense like fleeing and eluding may also make it challenging to obtain a loan or credit.

Impact on Family and Personal Life

A fleeing and eluding conviction can have a significant impact on your personal and family life, including relationships with loved ones and your ability to participate fully in your community.

The Future of Fleeing and Eluding Laws in Michigan

Efforts are ongoing to increase penalties for fleeing and eluding in Michigan.

In 2018, a bill was proposed that would have made the offense a felony punishable by up to 10 years in prison. While the bill did not become law, it may serve as a blueprint for future legislation.

Efforts to Increase Penalties

Lawmakers in Michigan continue to explore ways to increase penalties for fleeing and eluding, as the offense is seen as a serious threat to public safety. Any changes to the penalties for fleeing and eluding would likely be hotly debated.

Proposals for Reform

Some advocates argue that the penalties for fleeing and eluding are already too harsh and that the focus should be on prevention and rehabilitation rather than punishment. Proposals for reform may focus on alternative sentencing options, such as community service or educational programs, for those convicted of fleeing and eluding.

In conclusion, fleeing and eluding in Michigan is a serious offense that requires the attention of a skilled defense attorney. It is important to understand the definition, penalties, and factors that affect fleeing and eluding charges. By hiring an attorney and understanding your rights, you can achieve the best possible outcome for your case.

Remember, the consequences of a fleeing and eluding conviction can be life-changing, so it is crucial to take these charges seriously.

Frequently Asked Questions (FAQ)

What should I do if I am charged with fleeing and eluding in Michigan?

If you are charged with fleeing and eluding in Michigan, it is essential to contact a skilled defense attorney as soon as possible. Your attorney can help you navigate the legal system, protect your rights, and achieve the best possible outcome for your case.

Can I go to jail for fleeing and eluding in Michigan?

Yes, fleeing and eluding in Michigan is a serious offense that can result in jail time. Depending on the circumstances, you can face misdemeanor or felony charges, with a maximum sentence of five years in prison for a felony conviction.

What factors affect the penalties for fleeing and eluding in Michigan?

Several factors can affect the penalties for fleeing and eluding in Michigan, including the severity of the offense, the presence of aggravating factors, and mitigating factors such as lack of prior criminal history.

What defenses can I use against fleeing and eluding charges in Michigan?

There are several defenses that you can use against fleeing and eluding charges in Michigan, including lack of intent, false accusations, and challenging police conduct. A skilled defense attorney can help you determine the best defense strategy for your case.