A Loudoun County attempt to elude an officer lawyer can help because they will understand the elements of the offense, view video evidence and potential witness statements, and really get into the nuts and bolts of the potential case against you. A traffic attorney in Loudoun County can craft both the legal defense and a mitigation defense to the charges that you’re facing.
Eluding is covered by Virginia Code Section 46.2-817. If you’re charged with attempting to elude an officer or eluding of a police officer in Loudoun County, you may face serious charges. Under certain circumstances eluding may be charged as a misdemeanor and in other cases it may be charged as a felony offense.
The difference comes in whether or not you made a willful and wanton disregard of the officer’s signal. This would include situations where you accelerated after recognizing the signal and made it more difficult for the police to talk to you. Simply not seeing the officer’s light in your rearview mirror and continuing at a safe speed typically is not a felony in Virginia.
The most common misdemeanor eluding is a class 2 misdemeanor, however the felony willful and wanton disregard of a signal version of eluding is class 6 felony. Additionally, If the eluding results in the tragic death of a law enforcement official, it may be elevated to a class 4 felony.
Eluding is not an overly common offense in Loudoun County. In other jurisdictions where there are more interstate highways and more open roads, it is much more common for someone attempt to elude an officer. In Loudoun County, with our abundance of residential roads and suburban roads, it is not as common.
Because it’s not as common, eluding cases are prosecuted very aggressively in Loudoun County. When someone eludes a highway patrol officer, for example, they create a dangerous situation for themselves, fellow drivers, and the officers. Whenever there is a safety issue, prosecutors step in and prosecute the case very aggressively.
You should expect that the Commonwealth’s Attorney, the law enforcement officials involved, and the court will take the charge very seriously. It’s not something that can typically go away with a slap on the wrist and an apology. You need the representation of a skilled, experienced Loudoun County traffic attorney.
Northern Virginia Criminal Defense Group