What Constitutes Evading Detention In A Vehicle

A 16-year-old suspect involved in a series of vehicle thefts was taken into custody recently after he caused a crash while driving a vehicle that did not belong to him. After a warrant was issued for the boy’s arrest, he was spotted driving a red Toyota Corolla, which had previously been reported stolen by its owner. The theft occurred while the vehicle’s owner left it running in her driveway so the car could warm up. The car was speeding when it struck another vehicle on the road. The teenage driver escaped through the car’s passenger door and fled to a nearby park, which is where he was apprehended by law enforcement. The driver of the vehicle that was struck experienced a broken leg and was subsequently taken to the hospital for medical treatment. Due to this offense, the teenage driver now faces charges related to theft over $2,500, evading detention in a vehicle, and unauthorized use of a motor vehicle.

There are strict laws in the state of Texas that result in increased charges and penalties for a person who is convicted of evading detention in a motor vehicle. It is important that all motorists understand just how serious these charges are. People who face these charges also often find it essential to obtain the assistance of a skilled criminal defense lawyer.

Texas Law Regarding Evading Detention in a Motor Vehicle

In accordance with Title 10, Section 38.04 of the Texas Penal Code, a person commits the offense of evading detention if he or she intentionally flees from law enforcement that the person knows is attempting to make an arrest. This is classified a fourth degree felony that can result in a person facing up to two years in jail and a fine of up to $10,000. The resulting penalties can even more severe if a person commits any other criminal violations in relation to the initial stop.

Defending Against an Evading Arrest Charge

There are a variety of ways in which a person can attempt to defend against evading detention charges, which include the following:

  • Law enforcement lacked probable cause or reasonable suspicion.
  • Law enforcement did not notify the driver to stop.
  • An insufficient amount of time elapsed between when the driver noticed law enforcement and when they were pulled over and stopped.
  • The road conditions made it impossible for the driver to stop before when they did.
  • The condition of the driver’s vehicle delayed them from stopping.
  • Law enforcement failed to issue proper Miranda warnings after the arrest.

Contact a Seasoned Denton Criminal Defense Lawyer

At Wheeler Law Office, our legal counsel has significant experience helping people in the Denton area who have been charged with evading detention in a vehicle. If you are charged with evading arrest, obtain the assistance of a seasoned attorney who can make sure that your case resolves in the best possible manner.

(image courtesy of Cameron Kirby)