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Old January 15th, 2013, 10:09 AM   #13
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Fourth Degree Fleeing and Eluding is charged in instances where an individual flees and/or eludes the police in a vehicle and none of the above referenced aggravating factors exist. This offense is a felony that carries a potential punishment of up to 2 years in prison and/or a $500 fine, and suspension of the individual's driver's license.

A person convicted of any of these offenses also will receive 6 points to his or her driving record, and a 2 year $1,000 driver's responsibility fee. There is no hardship appeal to the Michigan Secretary of State for these offenses to attempt to regain driving privileges.

In many instances these offenses occur when an individual is trying to get their car home with the false belief that the car will not be impounded if he or she stops at their residence rather than stops immediately. Fleeing and Eluding can occur no matter if the individual obeys the speed limit, stops at traffic lights and stop signs, and otherwise does not violate the traffic code - failure to stop when directed is enough. Even through the offense is titled "Fleeing and Eluding", the more appropriate title would be "fleeing and/or eluding" because either fleeing the police in a vehicle or eluding the police in a vehicle is sufficient for a charge to result.

Potential defenses to Fleeing and Eluding offenses include: failing to stop immediately because it was not safe; there was an emergency or necessity that caused the driver not to stop; equipment failure; the driver believed that the person attempting to stop him or her was not actually a police officer; the police officer was not performing a lawful duty; the driver did not know or realize that the police officer was trying to stop him or her; mistaken identity of the driver; and the driver did not flee and/or elude. The success of these defenses depends upon the facts of the case, the quality of the legal representation, and the interpretation of the law to the facts by the Judge or Jury sitting in judgment. Sometimes video and/or audio exist from the patrol car involved can be obtained by the criminal lawyer to properly defend the case or place the matter in its proper context.

Not sure what happened, but good luck.
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