Attempting to elude a police officer in Alabama is an offense with legal repercussions. The law addresses situations where a driver willfully disobeys an officer’s signal to stop, creating potential danger on the roadways. Understanding the specific actions that constitute this offense, along with the range of penalties, is important for any driver in the state. The consequences extend beyond criminal court, impacting driving privileges and carrying long-term effects.
What Constitutes Attempting to Elude a Police Officer in Alabama
Under Alabama law, the offense of fleeing or attempting to elude a law enforcement officer is defined with specific criteria that a prosecutor must prove. The core of the offense, as outlined in Alabama Code § 13A-10-52, involves a person intentionally fleeing from someone they know is a law enforcement officer who is trying to make an arrest. When a motor vehicle is involved, the statute is more precise.
For a driver to be charged, it must be established that they were operating a vehicle on a street, road, or highway in Alabama and intentionally fled or tried to elude an officer after receiving a signal to stop. The signal from the officer, who is in a marked vehicle and uniform, can be audible, such as a siren, or visual, like emergency lights. The driver’s willful intent to flee after being clearly instructed to pull over by a recognized law enforcement officer is the primary element.
Penalties for Misdemeanor Attempt to Elude
A conviction for attempting to elude that does not involve aggravating factors is treated as a Class A misdemeanor in Alabama. The penalties for this level of offense are defined within the state’s criminal code. A judge can impose a jail sentence of up to one year in the county or municipal jail.1Justia. Alabama Code § 13A-5-7 – Sentences of Imprisonment for Misdemeanors and Violations The specific duration of the sentence is at the court’s discretion, based on the facts of the case.
In addition to potential jail time, a Class A misdemeanor conviction carries a financial penalty. The court can levy a fine of up to $6,000.2Justia. Alabama Code § 13A-5-12 – Fines for Misdemeanors and Violations The final amount is determined by the judge and can be influenced by the circumstances of the eluding incident and the defendant’s prior record. These criminal penalties are separate from any administrative sanctions imposed on a person’s driver’s license.
When Attempting to Elude Becomes a Felony
The charge of attempting to elude can escalate from a misdemeanor to a felony if certain dangerous conditions are met during the incident. The offense becomes a Class C felony if the flight or attempt to elude causes the driver to strike or collide with another vehicle or a pedestrian, results in physical injury to any other person, or involves crossing the state line.3Justia. Alabama Code § 13A-10-52 – Fleeing or Attempting to Elude Law Enforcement Officer A Class C felony conviction carries a potential prison sentence of one year and one day up to ten years in a state penitentiary.
The law further elevates the charge to a Class B felony under even more severe circumstances. This occurs if the flight from law enforcement results in the death or serious physical injury of another person, or if the driver exceeds the speed limit by more than 20 miles per hour during the chase. A Class B felony has a corresponding prison sentence ranging from two to twenty years.4Justia. Alabama Code § 13A-5-6 – Sentences of Imprisonment for Felonies
Driver’s License Revocation and Other Driving Related Sanctions
Beyond criminal court penalties like fines and jail time, a conviction for attempting to elude a police officer has direct consequences for your driving privileges. The Alabama Law Enforcement Agency (ALEA) is responsible for administering these sanctions. Upon conviction for either a misdemeanor or felony offense of attempting to elude, the court is required to order the suspension or revocation of the defendant’s driver’s license.
The law mandates a specific period for this license sanction. The driver’s license must be suspended for a period of not less than six months and not more than two years. The exact length of the suspension within this range is determined by the sentencing court. This revocation is a separate, administrative penalty that is applied in addition to any criminal sentence.
After the suspension period is complete, an individual cannot simply start driving again. They must go through a formal license reinstatement process with ALEA. This involves paying a reinstatement fee and may require providing proof of liability insurance (SR-22). Failing to adhere to the suspension and properly reinstate the license can lead to further charges and penalties if caught driving.