Fleeing and Eluding

The crime of Fleeing and Eluding involves the failure to stop a motor vehicle or boat when a police or conservation officer directs you to do so. It is a felony in Michigan.

There are four degrees of the of crime of Fleeing and Eluding, with increasing levels of consequences.

1. Fourth-Degree Fleeing and Eluding is punishable by up to 2 years in prison, a $2,000 fine, or both. The driver’s license will be suspended for one year.

2. Third-Degree Fleeing and Eluding is punishable by up to 5 years in prison, a $5,000 fine, or both. The driver’s license will be suspended for one year. If the offense involved a boat the individual’s privilege to operate a boat will be suspended for up to five years. Third-Degree Fleeing and Eluding is where there was either;

a. A collision or accident as a result of the driver’s actions.

b. The motor vehicle was in a 35 mile per hour or less area, or the boat was in an area designated as “slow-no wake,” “no wake,” or “restricted.”

c. The individual has a previous conviction for fourth-degree fleeing and eluding, attempted fourth-degree fleeing and eluding, or another fleeing or eluding conviction.

3. Second-Degree Fleeing and Eluding is punishable by up to 10 years in prison, a $10,000 fine, or both. The driver’s license will be revoked upon conviction. If the offense involved a boat the individual’s privilege to operate a boat will be suspended for up to five years. Second Degree Fleeing and Eluding is where either;

a. The violation results in serious impairment of a bodily function.

b. The individual has 1 or more prior convictions for first-, second-, or third-degree fleeing and eluding, attempted first-, second-, or third-degree fleeing and eluding, or another fleeing and eluding-type conviction.

c. The individual has any combination of 2 or more prior convictions for fourth-degree fleeing and eluding, attempted fourth-degree fleeing and eluding, or other fleeing and eluding law.

1. First-Degree Fleeing and Eluding is punishable by up to 15 years in prison, a $15,000 fine, or both. First-Degree Fleeing and Eluding is where the violation resulted in a person’s death. The driver’s license will be revoked. If the offense involved a boat the individual’s privilege to operate a boat will be suspended for up to five years.

MCL 750.479a

If you have been charged with fleeing and eluding contact ArborYpsi Law at 734.883.9584 or at bernstein@arborypsilaw.com to speak with attorney Sam Bernstein.

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