What Exactly Is Fleeing Law Enforcement In The State Of Indiana?

Question

I am 17 years old and was speeding (80 in a 60) with several other cars on a country road a cop drove the opposite way and clocked me. I never saw the cop turn around because there was a hill but my friend and i decided not to run away and parked the car down a side road slightly hidden. The cop came back and arrested me stated that i was "Fleeing Law Enforcement" no high speed chase was instigated. So What exactly is Fleeing Law Enforcement In Indiana? and also What type of sentence might i recieve at court?

Answer 1

"Slightly hidden" is the reason. You were trying to hide from him. Your story is very flawed. If you didn't see him turn around because of the hill, why did you park the car "slightly hidden"? You were evading him.

Answer 2

Hidden is the key word.

You broke the law and was doing 20 miles over the limit!

Answer 3

In my own jurisdiction the offense is a misdemeanor and defined below:

Fleeing or attempting to elude police officer.

(a) Any driver of a motor vehicle who willfully fails or refuses to bring his vehicle to a stop, or who otherwise flees or attempts to elude a pursuing police vehicle, when given a visual or audible signal to bring the vehicle to a stop, shall be guilty of a misdemeanor. The signal given by the police officer may be by hand, voice, emergency light or siren.

(b) Every person convicted of fleeing or attempting to elude a police officer shall be punished by imprisonment for not less than 30 days nor more than six months or by a fine of not less than $100.00 nor more than $500.00, or by both such fine and imprisonment.

Indiana law:

IC 35-44-3-3

Resisting law enforcement; mandatory sentence

     Sec. 3. (a) A person who knowingly or intentionally:

        (1) forcibly resists, obstructs, or interferes with a law enforcement officer or a person assisting the officer while the officer is lawfully engaged in the execution of the officer's duties;

        (2) forcibly resists, obstructs, or interferes with the authorized service or execution of a civil or criminal process or order of a court; or

        (3) flees from a law enforcement officer after the officer has, by visible or audible means, including operation of the law enforcement officer's siren or emergency lights, identified himself or herself and ordered the person to stop;

commits resisting law enforcement, a Class A misdemeanor.

In MOST cases you will receive a fine, court costs and fees, and one  year probation in lieu of a suspended jail sentence.

Answer 4

It was the I "parked the car down a side road slightly hidden" that got you arrested.  I bet you'll never do that again.

If you had just pulled over and sat on the side of the road you were driving on, I don't think you would have offended him into making that decision.  For heaven sakes, you were driving 80 in a 60!  You knew enough to pull over because you knew you were caught doing something wrong.  Police have the jurisdiction to decide what to issue on the spot.  So if he/she thought you were trying to "hide" yourself, there you go.  He is trying to set a precedence with you and is probably correct in his determination.

I would have your parents call a lawyer and ask the lawyer to look at the arrest info and all paperwork and see if the cop has enough to constitute an arrest.  He most likely does.  Most lawyers can answer basic questions for you free for the first 30 minutes, that may be all you need.  But I would still protect my interests if I were you in case there is anything else going on that you haven't mentioned here.

Not sure of sentencing - sorry.  But keep in mind, you are underage, so this issue may be "hidden" in your records.  Still, I would definitely talk to a lawyer, he would know more than I.

Hopefully you have learned your lesson as I have significant issues with drivers like you.  Inexperienced and dangerous, not a good mix.  Next time, follow the laws and you'll have nothing to worry about.

Answer 5

If your hiding from the police your are trying to flee them. Have you ever been in trouble before, are yuou on probation those things will help determine judgement in court. Do you have to go to city or juvenile court? You will probably be put on probation, possibly have your license suspended, maybe a few other things.