Police On Your Tail? Don't Run!

To paraphrase Jay Z, when you see the lights in your rearview mirror, you may think you have a few choices: Either pull over, or burn rubber. And while running for it may seem like a good idea at the time, it’s rarely a good idea to add another charge—which is exactly what happens when you evade police.

A man in Seattle learned this lesson the hard way a few weeks ago, when SPD officers spied him on what they perceived to be a stolen bike. Instead of complying with their orders, he sped away, ensuring that regardless of whatever else happened, he had given them a good enough reason to detain him, search him, and take him in. The man—who was also a suspect in a fraud case—may have made the entire process easier for himself had he not required bike officers to take off after him.

But if you’re not quite sure what constitutes evasion—and just how much worse it might make your situation—keep reading to find out how serious it really is.

What is evasion, anyway?

Though "evading an officer" or "evading arrest" are common terms in popular culture, under Washington State law, the legal term is actually "Attempting to elude police vehicle" or "eluding a law enforcement vessel." It essentially means trying to get away when it's clear that an officer wants you to stop.

According to RCW 46.61.024, attempting to elude a police vehicle means:

“Any driver of a motor vehicle who willfully fails or refuses to immediately bring his or her vehicle to a stop and who drives his or her vehicle in a reckless manner while attempting to elude a pursuing police vehicle, after being given a visual or audible signal to bring the vehicle to a stop…”

RCW 9A.60.090, meanwhile, reads:

“Any operator of a vessel who willfully fails or refuses to immediately bring the vessel to a stop and who operates the vessel in a manner indicating a wanton or willful disregard for the lives or property of others while attempting to elude a pursuing law enforcement vessel, after being given a visual or audible signal to bring the vessel to a stop…”

Both are punishable by a Class C felony, which comes with a potential five-year sentence, a fine of $10,000, or both.

Why does an eluding charge hurt my case?

Often, an adept legal team can ensure that someone accused of a crime gets the fairest treatment possible—and frequently, that means examining the protocol and procedure of a client's arrest and detainment.

Even when a client may have been found to be committing a crime—the gentleman in Ballard was on a stolen bike and he did have a small quantity of drugs on his person—can potentially receive a lenient sentence if they establish goodwill with the court. However, once elusion is added to the list of charges, any and all goodwill is typically diminished or wiped out—and there’s clear evidence that the person did something improper.

As attorneys, we'll do everything possible to ensure that our clients get a speedy and fair trial which includes a review of all the evidence. But when a client goes out of their way to make their case worse, it can spell real trouble.

If You’ve Been Charged with A Crime in Seattle, Contact the Experienced Criminal Defense Lawyers at Baker, Lewis, Schwisow & Laws

The expert defense team at Baker, Lewis, Schwisow & Laws, PLLC vigorously defend the rights of individuals facing a multitude of charges in Seattle, Bellevue, and Kirkland. Contact us today at 206.209.0608 or fill out our online contact form to get more information or to get a free case review!