The penalties for eluding in Virginia depend on  whether the charge is filed as a misdemeanor or a felony. The circumstances of your stop determine which applies to your situation.

If charged as a misdemeanor, penalties include:

• Up to six months in jail
• Up to $1,000 in fines
• Driver’s license suspension

If charged as a felony, penalties include:

• Up to five years in prison
• Up to $,2500 in fines
• Driver’s license revocation

A felony eluding conviction carries consequences that  extend far beyond the courtroom. A permanent felony  record can affect employment opportunities, professional licenses, security clearances, your ability to vote, housing applications, and background checks long after the case is resolved.

Yes, depending on the facts of your case, an eluding  charge in Virginia may be reduced to a lesser offense  or dismissed entirely.

Every eluding case in Virginia is highly fact specific.  The outcome depends entirely on the specific  circumstances of your stop; however, common  defenses include:

• Reasonable belief the pursuer was not law  enforcement — If the driver did not have reason to believe the signal came from a law  enforcement officer, that could be a valid defense.
• Lack of a clear police signal — Virginia law  requires a visible or audible signal. If no clear  signal was given, the charge may not hold up  in court.
• No endangerment — For felony charges  specifically, if your actions did not create a  substantial risk to others, the elevation to a  felony may be challenged.

Even when a full dismissal is not possible, there may  be options to reduce the charge to a lesser offense and  minimize the consequences. The best way to  understand what outcomes may be realistic in your  situation is to speak with an attorney as early as  possible.

If you have been charged with eluding in Virginia, here are a few important steps to take:

• Do not miss your court date — Eluding is a criminal charge that requires a mandatory court appearance in Virginia. Missing your court date can result in a warrant for your arrest and additional charges including Failure to Appear
• Document everything you remember — Write down the details of the incident as soon as possible. What signals were given, where you were, what you saw and heard, and what happened during the stop can all be relevant to your defense
• Contact an attorney as soon as possible — You do not have to face this alone. An experienced eluding defense attorney can review your case, explain your options, and help you decide the best path forward

At Driving Defense Law, our traffic attorneys represent drivers throughout Hampton Roads, including Virginia Beach, Norfolk, Chesapeake, Suffolk, Newport News, Hampton and Portsmouth. We handle eluding cases in Virginia courts every day and understand the local court system and what it takes to help our clients pursue the best possible outcome. For a free consultation, please call us at 775- 929-0335 or fill out the form below.