Legal Question in Criminal Law in Michigan

Felony warrent

What is fleeing&aleuding 3rd? How much time does it carry?


Asked on 11/01/07, 2:13 pm

1 Answer from Attorneys

Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

Re: Felony warrent

A throrough explanation of Fleeing/Eluding can be found on my office's legal definitions web page:

http://www.eatoncounty.org/prosecutor/define.htm [go down to the "F"s and look for "Fleeing/Eluding".

In summary, F&E Third Degree is a Felony that carries up to 5 years &/or $1,000 fine, plus license suspension. For this level of F&E, there has to be a collision or accident, or a portion of the violation occurred in an area where the speed limit is 35 miles an hour or less, or the defendant commits fourth-degree Fleeing and Eluding and has a prior conviction for F&E or Attempted F&E.

Fleeing/Eluding occurs when a driver willfully fails to obey a hand, voice, emergency light, siren, visual or audible signal by a police or conservation officer, acting in the lawful performance of his/her duty, that directs the driver to bring his/her motor vehicle to a stop. It may involve the defendant increasing the speed of the vehicle, extinguishing the lights of the vehicle, or otherwise attempting to flee or elude the officer. The officer giving the signal must be in uniform, and the officer's vehicle must be identified as an official police or DNR vehicle.

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Answered on 11/01/07, 2:19 pm


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