Accidents and casualties are bound to happen on the road almost every day. It may be caused by the negligence of the driver or other road users. Because of these, the law has placed rules on how citizens and residents should live. If there's a case of an emergency or any casualty, it should be reported to a law enforcement officer. More so, some officials can be found along the roadside who strive to maintain law and order. Citizens are supposed to obey them so the road can be free of traffic.
These accidents and casualties don't only happen on the road. They may also happen while at sea or with any other means of transportation. A lot of people try to run away from the law at the time when they have committed an offense. Well, the law does not permit this as there are penalties when such a person is caught. This is because the offender committed may be a minor or a major one which involves serious injuries, damage to properties or even loss of life. Attempting to escape the law or trying to run away from a law enforcement official is known as a flight from an officer.
A flight from an officer refers to a situation where a person willfully and intentionally attempts to flee or escape from an officer of the law or a vehicle pursuing him. Most times, the vehicle has lights on with a siren sounding to show that the officer is pursuing you.
It is a serious offense to try to escape from an officer especially when you know you are being pursued. When you ate eventually caught, you would face a serious penalty. It is best to remain where you are and know why you were asked to stop. Your offense may just turn out to be a simple one which a fine could sort.
Every country and state have rules and laws guiding them. It is what the citizens and residents are supposed to live by to make the society safe for everyone. However, most people still go out of their way to break these laws. It could be intentional or by accident. Whichever one it is, the law comes to stand and judgment must be passed.
Concerning flight from an officer, section 108.1 of the Louisiana Statutes stares that anyone who fails or refuses to stop a vehicle or watercraft after audible and visible signs have been given by an officer of the law has committed an offense. Of course, such offense is punishable by law. The signals usually given are blaring lights from the vehicle or siren sounds.
Now, note that flight from an officer is different from an aggravated flight from an officer. The latter involves endangering human lives.
If you are in Alexandria and you've been convicted for a flight from and officer, the penalty for the offense is to pay a fine of not less than $150 and not more than $500 to be imprisoned for not over 6 months or both.
Normally, a flight from an officer case is taken to court. If you get a good criminal defense attorney in Alexandria, he or she may help you come up with possible defenses. You could use the defense to defend yourself in court and state the reasons why you did not halt your vehicle or watercraft. Here are some of the possible defenses:
1. No knowledge of the officer's presence:
Remember that before a person can be convicted of flight from an officer, it must have been proven that the person knowingly and intentionally fled from the officer. If the person was not aware that he or she was being pursued by an officer, then a conviction may not happen. Yes, there are situations whereby you may not know an officer is asking you to halt. For instance, you may have loudspeakers in your vehicle or watercraft which couldn't let you hear the signals sent out. In this case, no knowledge of the officer's presence is a defense mechanism you could use if you've been charged to court.
2. A Mistake Of Fact:
A lot of people make use of this defense mechanism. This is a situation whereby you thought the officer was pursuing someone else and not you. Because of this, you didn't pullover. You could also state that you were looking for a free space to pullover especially if it happens in a busy or crowded area.
3. Emergency Purposes:
It could be that you were attending to an emergency which made you not to pull over. Such an emergency includes driving a lady in labor to the hospital. In this case, what you thought right to do is to drive the lady to the hospital. There could be other emergency purposes you can come up with but ensure that they step significant ones.
If you or your loved one has been arrested and charged with flight from an officer in Alexandria, you need to talk to a get legal help. The first step towards getting legal help is to talk to a criminal defense attorney in Alexandria. He or she will tell you the next step to take, let you know the severity of your crime, tell you what to expect and also represent you in court. Ensure that this lawyer is a knowledgeable and well-experienced one that will let you know the possible defenses to use for your crime.
If you are the face a trial in Rapides Parish and you need a good lawyer to represent you, reach out to Carl Barkemeyer. Carl Barkemeyer is a well-experienced criminal defense attorney that will help you with all your judicial proceedings. He has been helping residents as well as visitors all over Louisiana to handle their flight from an officer case.
He fully understands how the law works in Louisiana and will use it to your advantage to get you reduced charges.
Call us and let's hear your case.