Michigan Fleeing and Eluding Lawyer

In Michigan, fleeing and eluding a police officer is a felony at every level, even when no one is hurt and the chase lasts only a few blocks. A conviction can also cost you your driver’s license for at least a year. Attorney Christopher Brown is a Michigan fleeing and eluding lawyer and former Detroit police officer who defends these charges in Oakland, Macomb, and Wayne Counties.

Recent Fleeing and Eluding Results

Every case is different, and past results do not guarantee a similar outcome.

Third-Degree Fleeing and Eluding Dismissed at the Preliminary Exam — Pontiac

Our client was charged with third-degree fleeing and eluding after a car carrying four men, including our client and his brother, crashed and everyone in it ran from the scene. A neighbor saw the crash and the men running. Police traced the car to our client’s mother. Instead of using a photo lineup, an officer showed the neighbor a single photo: our client’s driver’s license picture. At the preliminary exam, we challenged the identification. The neighbor was unsure at best, and his testimony pointed to suggestive tactics by the officer. The court ruled that the identification evidence did not meet the probable cause standard and dismissed the case.

50th District Court — Pontiac, Oakland County

Felony Fleeing and Eluding Dismissed — Southfield

Police wrongly accused our client of fleeing. We reviewed the police video, cell phone records, and GPS data, challenged the case early, and proved police had misidentified our client as the driver. The charge was dismissed.

46th District Court — Southfield, Oakland County

Fleeing and Eluding, Third Degree (Felony) Dismissed — Royal Oak

Police charged our client with third-degree fleeing and eluding, a felony, after a vehicle pursuit. In his report, the officer claimed he identified our client by seeing him during the chase. At the preliminary examination, we used the officer’s own testimony and the patrol car video to show that his identification was not credible. The case was dismissed at the preliminary exam.

44th District Court — Royal Oak, Oakland County

Felony Fleeing and Eluding Reduced to a Traffic Misdemeanor — Warren

Our client was accused of fleeing police during a traffic stop. We gave the prosecutor additional information about the stop, and the felony was dismissed. Our client pleaded guilty to a traffic misdemeanor with a $600 fine and no probation.

37th District Court — Warren, Macomb County

Felony Fleeing Charge Resolved by Misdemeanor Plea, DWLS Dismissed — Eastpointe

Our client was charged with third-degree fleeing and eluding (a felony) and driving while license suspended, second offense. We challenged the so-called voluntary Miranda waiver behind our client’s statement that he was the driver. In a plea deal, our client pleaded guilty to a misdemeanor and the license-suspended charge was dismissed. The court imposed no jail and no probation, only a fine.

38th District Court — Eastpointe, Macomb County

See more of our case results.

Fleeing and Eluding Penalties in Michigan

Michigan has two fleeing and eluding laws: one in the Vehicle Code (MCL 257.602a) and one in the Penal Code (MCL 750.479a). Both set out four degrees, and every degree is a felony. The degree depends on what happened during the incident and on your record.

Fines also apply, and the Penal Code allows higher fines at every degree. The maximum ranges from $500 for fourth degree under the Vehicle Code to $15,000 for first degree under the Penal Code.

What Happens to Your Driver’s License

For many clients, the license consequences are the biggest worry. A conviction for third- or fourth-degree fleeing and eluding brings a mandatory one-year suspension, and Michigan law does not allow a restricted license during that suspension. A first- or second-degree conviction leads to license revocation. A fleeing conviction also adds six points to your driving record, although points from a single incident don’t stack; only the highest-point offense counts. Because these penalties follow a fleeing conviction, a dismissal or a reduction to a different offense can protect your license.

Why Prosecutors Are Taking a Hard Line

After news coverage of police chases that ended in deaths and serious injuries, prosecutors across Metro Detroit are treating fleeing cases more harshly to send a message. In Attorney Brown’s experience, most cases are now charged and negotiated aggressively. In Macomb County, the prosecutor’s office recently adopted a policy against charge reductions in fleeing and eluding cases, although that policy may change. As a result, working with a Michigan fleeing and eluding lawyer early matters more than ever. A strong defense starts at the preliminary exam.

What the Prosecutor Has to Prove

To convict you, the prosecutor must prove each of these elements:

• You were driving a motor vehicle.
• A police officer signaled you to stop by hand, voice, emergency lights, or siren, and you were aware of the signal.
• The officer was acting in the lawful performance of his or her duty.
• The officer was in uniform, and the police vehicle was identified as an official police vehicle.
• You willfully failed to stop by trying to flee or elude the officer, for example by speeding up or turning off your lights.

Michigan courts have held that a high-speed chase isn’t required, so a short or slow pursuit can still be charged. Even so, each element is a possible defense. For example, if the stop itself was unlawful, or the officer was in an unmarked car and not in uniform, the charge may not hold up.

How a Michigan Fleeing and Eluding Lawyer Builds Your Defense

Attorney Brown served as a Detroit police officer, so he knows how pursuits happen and how officers write them up afterward. Reports are often written after a stressful chase, and the details don’t always match the video or the other evidence. These are the defenses we look at first:

You Weren’t the Driver

Pursuits happen fast, often at night, and drivers sometimes run from the car. Officers and witnesses can identify the wrong person, especially when police skip a proper photo lineup. In our Pontiac case, an officer showed a witness a single driver’s license photo, and the identification fell apart at the preliminary exam. In our Southfield and Royal Oak cases, the officer’s account didn’t hold up against the video and other evidence.

You Didn’t Know You Were Being Signaled

The prosecutor must prove you were aware of the officer’s signal and willfully failed to stop. Many drivers don’t notice lights behind them right away, or they slow down and look for a safe, well-lit place to pull over. Driving a short distance to stop safely is not the same as trying to escape.

The Stop Wasn’t Lawful

The officer must be acting lawfully when signaling you to stop. If there was no legal reason for the stop, that can undermine the charge and the evidence that came from it.

The Degree Is Overcharged

The difference between fourth and third degree can turn on a single fact, such as whether part of the incident happened in a 35 mph zone or whether a minor collision occurred. We check every fact the prosecutor relies on to raise the degree.

Your Statements and Your Rights

After a chase, police often question drivers right away. If your rights weren’t respected, your statements may be challenged. In our Eastpointe case, we challenged the validity of the client’s Miranda waiver, and the felony was resolved with a misdemeanor plea.

Ways to Avoid a Felony Conviction

When the evidence is strong, a Michigan fleeing and eluding lawyer often focuses on avoiding a felony record. The right option depends on the facts, your record, your age, and the county, but common outcomes include:

• A plea to attempted fourth-degree fleeing and eluding under the Penal Code, which reduces the charge to a misdemeanor. The license suspension still applies, but you avoid a felony record.
• A reduction to a non-fleeing traffic offense, as in our Warren case.
• For clients ages 18 to 25, asking the prosecutor to charge the case under the Penal Code instead of the Vehicle Code. Vehicle Code fleeing is excluded from the Holmes Youthful Trainee Act (HYTA), but a Penal Code charge may allow a HYTA plea for eligible clients. After successful completion, the case is dismissed with no public conviction. For clients 21 to 25, HYTA also requires the prosecutor’s consent.

Where Fleeing and Eluding Cases Are Heard

Every fleeing and eluding case starts in the district court where the incident happened, with an arraignment, a probable cause conference, and a preliminary examination. Many cases are won or reduced at this stage, before they ever reach circuit court. If the case is bound over, it moves to the circuit court for that county: the 6th Circuit Court in Pontiac for Oakland County, the 16th Circuit Court in Mount Clemens for Macomb County, or the Third Circuit Court in Detroit for Wayne County.

We have defended fleeing and eluding charges in Pontiac, Southfield, Royal Oak, Warren, Eastpointe, and courts across Metro Detroit.

If a detective has contacted you about a pursuit before any charge, learn what to do before you talk.

Michigan Fleeing and Eluding FAQ

Is fourth-degree fleeing and eluding a felony?

Yes. Under both Michigan fleeing laws, every degree is a felony, including fourth degree, which carries up to 2 years in prison.

Will I lose my license?

If you’re convicted of third- or fourth-degree fleeing, the Secretary of State suspends your license for one year with no restricted license. A first- or second-degree conviction leads to revocation. A dismissal, or a reduction to a different offense, can avoid these consequences.

Can a fleeing charge be reduced to a misdemeanor?

Sometimes. A plea to attempted fourth-degree fleeing under the Penal Code is a misdemeanor, although the license suspension still applies. In our Warren case, the felony was dismissed in exchange for a plea to a traffic misdemeanor. However, prosecutors are taking a harder line on fleeing cases, and Macomb County currently has a no-reduction policy, so a strong defense matters more than ever.

What if I didn’t realize the police wanted me to stop?

The prosecutor must prove you were aware of the signal and willfully failed to stop. If you didn’t see the lights right away or were looking for a safe place to pull over, that can be a defense.

What if the police can’t prove I was driving?

Then the prosecutor may not be able to make the case. Identification problems are among the strongest defenses in fleeing cases. However, a Michigan fleeing and eluding lawyer has to develop them through the police video, the investigation records, and cross-examination at the preliminary exam.

Talk to a Michigan Fleeing and Eluding Lawyer

• Former Detroit police officer who knows how pursuits are handled and documented
• Licensed in Michigan since 2008, with experience before every criminal court judge in Oakland, Macomb, and Wayne Counties
• Free consultations, available 24/7, in person at our Troy office or virtually
• Credit cards accepted and payment plans available

Call (248) 468-1468 or contact us online.