JOHNSON COUNTY,KANSAS FLEEING, EVADING, ELUDING & DEFENSES

Fleeing, evading and eluding law enforcement is a serious crime in Overland Park, Kansas. This set of charges can be complex and have many legal issues. Here is what you need to know about this crime:

Kansas Fleeing/Evading and Eluding Defined
If you are suspected of trying to run from or avoid police, you may be charged with fleeing/evading. Kansas law defines it as:
  •  If you, as a driver of a motor vehicle who willfully fail or refuse to bring your vehicle to a stop for a pursuing police vehicle or police bicycle, when given visual or audible signal to bring the vehicle to a stop;
  • If you, a driver of a motor vehicle willfully otherwise fl ee or attempt to elude a pursuing police vehicle or police bicycle, when given visual or audible signal to bring the vehicle to a stop;
  • If you, a driver of a motor vehicle willfully fail or refuse to bring your vehicle to a stop, or who otherwise flee or attempt to elude a pursuing police vehicle or police bicycle, when given visual or audible signal to bring the vehicle to a stop, and you commit any of the following during a police pursuit:
  1. ​Fail to stop for a police road block;
  2. Drive around tire deflating devices placed by a police officer;
  3.  Engages in reckless driving as defined by K.S.A. 8-1566 and amendments thereto;
  4.  Are involved in any motor vehicle accident or intentionally causes damage to property; 
  5.  Commit five or more moving violations; or
  6.  Are attempting to elude capture for the commission of any felony.
The signal given by the police can be by hand, voice, emergency light or siren. The officer may be in a marked vehicle, in uniform or prominently displaying his/her badge when the signal is given. 

Kansas Fleeing/Evading and Eluding Penalties
  • First conviction is a class B nonperson misdemeanor - up to 6 months jail and $1000 in fines
  • Second conviction is a class A nonperson misdemeanor - up to 1 year in jail and $2500 in fines
  • Third conviction, or any subsequent conviction, is a level 9 person felony - up to 13 months and $100,000 in fines

​Kansas Fleeing/Evading and Eluding Defenses
  • Reasonable belief that you were not being given direction by the police (ex. non-marked car, plain clothes police without badge displayed)
  • Duress (being forced to drive)
  • Intoxication
  • Distraction (unaware of the presence of the police)
  • Safety concerns (ex. woman not wanting to pull over in an secluded area)
Before you accept a plea deal or give any statements consider speaking with a Kansas attorney. You do have a defense. If you have been charged with fleeing/evading or eluding law enforcement, in Johnson County, Kansas or across the state, call use NOW 913.602.7288. We are here to answer your questions and protect your freedom. 
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