The traffic charge of fleeing and/or eluding police is a fairly common Maryland traffic charge. In order to be convicted of this offense, the State has to prove that you “willfully” failed to stop after an officer told you to do so. Of course, the officer has to be in uniform, must give you a signal to stop, and must prominently display his or her badge (or something else to indicate he’s the police). I have attached the actual language of the statute below for review.
Many times, an officer will charge a person with fleeing and/or eluding and the individual simply did not see the officer. Often, the citizen was not paying attention or the officer did not give a proper signal. In either case, the Defendant must have willfully and intentionally attempted to flee police.
The charge carries a maximum penalty of one year in jail, a fine, and 12 points on your driving record. There are many defenses to this charge and ways to keep your record clean.
If you’ve been charged with a fleeing and eluding citation in Maryland, don’t panic. I’d be happy to help keep the points off your license so you can move on with your life. Call my office at 301-563-9575 or 1-877-566-2408 before you go to court or pay any traffic fines. I’m an experienced Maryland Traffic ticket attorney who has handled thousands of Maryland traffic cases. I practice in counties throughout Maryland including: Prince George’s County, Montgomery County, Anne Arundel County, and Baltimore County.
For more information on fleeing and eluding in Maryland, review the statute below.
§ 21-904. Fleeing or eluding police.
(a) “Visual or audible signal ” defined.- In this section, “visual or audible signal” includes a signal by hand, voice, emergency light or siren.
(b) Failing to stop vehicle.- If a police officer gives a visual or audible signal to stop and the police officer is in uniform, prominently displaying the police officer’s badge or other insignia of office, a driver of a vehicle may not attempt to elude the police officer by:
(1) Willfully failing to stop the driver’s vehicle;
(2) Fleeing on foot; or
(3) Any other means.
(c) Fleeing on foot.- If a police officer gives a visual or audible signal to stop and the police officer, whether or not in uniform, is in a vehicle appropriately marked as an official police vehicle, a driver of a vehicle may not attempt to elude the police officer by:
(1) Willfully failing to stop the driver’s vehicle;
(2) Fleeing on foot; or
(3) Any other means.
(d) Attempts.-
(1) A driver may not commit a violation of subsection (b)(1) or (c)(1) of this section that results in bodily injury to another person.
(2) A driver may not commit a violation of subsection (b)(1) or (c)(1) of this section that results in death of another person.
(e) Effect of conviction of crime of violence.-
(1) In this subsection, “crime of violence” has the meaning stated in § 14-101 of the Criminal Law Article.
(2) A driver may not commit a violation of subsection (b)(1) or (c)(1) of this section while the driver is attempting to elude a police officer who is signaling for the driver to stop for the purpose of apprehending the driver for the commission of a crime of violence for which
