Nashville DUI Evading Arrest

I am often asked what is Evading Arrest in Nashville Tennessee? Well it all depends on the facts. Many times Evading Arrest will come about due to a DUI arrest, however any evading arrest can come about because of the following facts as defined by the State of Tennessee: http://nashvilleduiinfo.com

The State of Tennessee deems it unlawful to intentionally flee by any means of locomotion from anyone the person knows to be a law enforcement officer if the person knows the officer is attempting to arrest the person or has been arrested. There are defenses to this charge that a criminal attorney might be able to use in your defense. However, to violate this statute in Tennessee is a class A misdemeanor. but most the time it is charged as a felony (a first offense Nashville DUI is a misdemeanor) due to the following facts, If you are in a vehicle and receive notification from the officer via his signal that you are to pull over and bring vehicle to a stop, and you do not, it then becomes a felony in the State of Tennessee. A felony is a serious matter that can have life changing results, not being able to travel, loss of jobs, and losing your voting privileges,it is far more serious than a misdemeanor in Tennessee.

Should you create a risk of death or injury by your evading arrest, it then becomes a class D felony which increases your jail time. I have always said there are facts that lend themselves to each case that may help the client, (that is what a Nashville Tennessee criminal attorney does), because not all facts fit the definition of a state statute, there may be an argument that you did not violate the statute.

Most recenly there was a bill before the Tennessee State Senate that would have allowed a woman to drive to the nearest lit area, and then bring her vehicle to a stop when signalled by the police, (this was for fear that someone was not in fact a police officer, but an impostor) that bill was defeated, (strictly my opinion, but the thoughts in defeating the bill could have been liability in allowing someone you think is committing a DUI to proceed onto a lit area, and then they hit someone on the way to that area with there car). However, it brings up the point that there are different facts for every case, and not all the facts fit the description of statute in Tennessee.

Many times I have been told by clients they simply did not hear the police, (so are you gulity of evading arrest if you cant hear the police?) I think that is a valid argument in some cases, due to the way new cars are built, we have all seen the commercial of the Lexus that is essiently noise proof.

What are the penalties for a Nashville Tennessee evading arrest charge, in regards to your license? You can have your Tennessee drivers license suspended for 6 months to 2 years on top of the conviction. If you are convicted of a Nashville Tennessee DUI in connection with evading you can also lose your license for a year. Should you hold a CDL there could be more severe consequences (for both a dui and evading arrest)that involve The Homeland Security Dept.

Should you have questions regarding a criminal arrest in Tennessee, please feel free to contact me at (615) 308-2633 for a free consultation.

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