Failure to Stop – What You Need to Know

Getting pulled over is never fun, but failing to stop for the police can make a bad situation way worse. Let’s break down the offense of failure to stop and what it could mean if you’re charged.

The Basics

Simply put, failure to stop is when a driver doesn’t pull over when signaled to do so by law enforcement. This usually happens when police attempt a traffic stop by turning on their lights and/or siren.

Instead of stopping, the driver continues on, fleeing from the officer. This is obviously a big no-no. Failure to stop is a criminal offense that can lead to serious penalties if convicted.

Why People Fail to Stop

There’s a few common reasons a driver may fail or refuse to stop when signaled by police:

• They have a suspended license and don’t want to get caught
• There are drugs, illegal weapons, or other contraband in the vehicle
• The driver is intoxicated and fears a DUI charge
• The vehicle is stolen
• There are outstanding warrants for the driver’s arrest
• The driver panics and makes a bad decision

Of course, none of these are good excuses in the eyes of the law. But they can help explain why some folks make the mistake of fleeing.

Laws and Penalties

The penalties for failure to stop largely depend on where it occurs. Laws and punishments vary by state.

For example, in California failure to yield to an emergency vehicle and reckless driving during a police pursuit can lead to fines, license suspension, possible jail time – even felony charges in some cases.

In Texas, evading arrest with a vehicle is a criminal offense. It can be charged as either a misdemeanor or felony depending on the circumstances. Potential penalties range from fines and probation up to state prison time.

Federal law also prohibits fleeing or eluding a police officer. Offenders may face fines, imprisonment up to 5 years, or both.

So in short – the consequences can be severe. The costs and hassle of dealing with criminal charges aren’t worth the risk.

What To Do If Pulled Over

We all make mistakes. So what should you do if those red and blue lights start flashing behind you?

• Signal the officer and pull over safely at the nearest opportunity. Don’t try to outrun them.
• Turn off your vehicle, roll down the window, and place your hands on the wheel.
• Remain calm – take a few deep breaths. Be polite and cooperate fully.
• Communicate clearly. Answer questions honestly. Don’t argue or get confrontational.
• Know your rights. You are not required to consent to a search without a warrant.
• If issued a ticket, you can fight it in court later. Signing is not an admission of guilt.
• Get badge number and document details. Follow up with legal counsel if needed.

Resisting or fleeing only makes the situation worse. Stay cool under pressure, comply with orders, and let your lawyer handle the rest down the road.

Defenses a Lawyer Can Raise

If you are charged with failure to stop, don’t go it alone. A criminal defense lawyer can often get charges reduced or even dismissed.

Possible defenses to challenge the allegations may include:

• Lack of reasonable suspicion – Officer needs justification to initiate a traffic stop. If not, any evidence obtained may be excluded.
• Misidentification – Prosecutors must prove you were the driver who failed to stop. Eyewitness mistakes happen.
• Duress – You felt threatened or coerced by passengers to keep driving.
• Necessity – You fled due to a perceived greater harm or emergency.
• Diminished mental capacity – A mental health episode or disability impaired your judgment.

A good lawyer will thoroughly investigate the circumstances and build the strongest defense to achieve the best possible outcome. Don’t go down without a fight.

Takeaways

Getting charged with failure to stop is serious business. Stopping and cooperating is always the best move if pulled over. But if you find yourself facing criminal penalties, lean on an experienced criminal defense attorney. With sound legal advice and advocacy, many options exist to challenge the charges and protect your rights and future.