What Is The Maryland Traffic Offense Of Fleeing/Eluding Police?

Within the domain of Maryland traffic offenses driving under the influence (DUI) and reckless or aggressive driving typically dominate the headlines. But those are not the only traffic offenses that result in criminal charges. Another common charge in the context of traffic offenses is fleeing or eluding police.

How Does Maryland Define Fleeing or Eluding Police?

Maryland Code of Transportation Section 21-904 defines what qualifies as fleeing or eluding police. There are two versions of this offense under Maryland law.

The first version requires a police officer to give a visual or audible signal to stop while in uniform with a badge or similar insignia of office. In these situations, a driver may not attempt to elude the police officer by:

• Willfully failing to stop their vehicle;
• Attempting to flee on foot; or
• Any other means.

The second version requires a police officer to give a visual or audible signal to stop — in uniform or not — while in an official police vehicle with appropriate markings. In these situations, a driver may not attempt to elude the police officer by:

• Willfully failing to stop their vehicle;
• Attempting to flee on foot; or
• Any other means.

In this context, it is important to note that the term “visual or audible signal” refers to a signal by hand, voice, emergency light, or siren.

What is the Maryland Penalty for Fleeing or Eluding Police?

Section 21-904 also furnishes the Maryland penalty for fleeing or eluding police. From a general standpoint any person who commits this offense for a:

• First Time — Will face a maximum punishment of imprisonment for 12 months and $1,000 in criminal fines; or
• Second or Subsequent Time — Will face a maximum punishment of imprisonment for 24 months and $1,000 in criminal fines.

That being said, Section 21-904 imposes a different punishment for certain types of offenses that involve harm or violence.

If a driver commits fleeing or eluding police and also causes bodily harm to a victim, the maximum punishment increases to 26 months in prison and up to $5,000 in criminal fines. The same is true for offenses that involved the commission of a crime of violence at the same time.

Finally, the maximum punishment for fleeing or eluding police requires a fatality. If a driver attempts to flee or elude police and also causes the death of a victim, the maximum punishment increases to 120 months in prison and up to $5,000 in criminal fines.

Do You Need Legal Help?

If you need legal assistance with Maryland charges for traffic offenses or other crimes, it can be immensely beneficial to reach out to a seasoned Bel Air traffic offenses attorney. The attorneys at Schlaich & Thompson, Chartered have more than 60 years of combined legal experience in criminal and family law, including traffic offenses and other crimes. If you need legal help, contact us today for an initial consultation.

SOURCE:

mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gtr&section=21-904&enactments=true