If a driver sees a police officer behind them motioning them to pull over, it’s generally a stressful experience. However, if that driver has had a drink – or a few – or has ingested any kind of narcotics – even a bit of marijuana – they may fear that arrest is imminent.
Unfortunately, some drivers panic and try to escape law enforcement. That’s only going to make a bad situation worse – particularly if they lead police on a long and/or high-speed chase. These chases can be dangerous and even fatal for others on the road as well as for the officers involved and the person trying to get away.
Attempting to evade police can also add a serious criminal charge to any other charges the driver might face for impaired driving or any other offenses for which officers find evidence when they finally catch up to them. Last year, Missouri enacted a new law that addresses “aggravated fleeing a stop or detention of a motor vehicle.”
More about the law
This felony charge can be used when a driver who is fleeing a stop or detention “operates a motor vehicle at a high speed or in any manner which creates a substantial risk of serious physical injury or death” and/or if someone is injured or killed as a result of the chase. It applies when a driver “knows or reasonably should know that a law enforcement officer is attempting to detain” them.
The statute was named “Valentine’s Law” in honor of a St. Louis County detective killed in a high-speed chase four years ago. The level of felony charge is dependent on whether anyone or injured or killed. A conviction for a Class A felony, if someone is killed, can carry a lengthy prison sentence.
Generally, no one sets out to hurt or kill anyone when fleeing police. However, anything can happen in these chases – especially when traffic laws are ignored or drivers end up in unfamiliar areas. It’s important to note that the law states, “It is no defense…that the law enforcement officer was acting unlawfully in making the arrest.”
So far, Missouri law enforcement officers have arrested hundreds of people for this offense since the law took effect last year. Anyone who’s facing this charge on top of drunk or drugged driving-related charges should get legal guidance as soon as possible to protect their rights and work to minimize the consequences.