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46.2-817 - Disregarding signal by law-enforcement officer to stop; eluding police; penalties.

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§ 46.2-817. Disregarding signal by law-enforcement officer to stop; eludingpolice; penalties.A. Any person who, having received a visible or audible signal from anylaw-enforcement officer to bring his motor vehicle to a stop, drives suchmotor vehicle in a willful and wanton disregard of such signal or whoattempts to escape or elude such law-enforcement officer whether on foot, inthe vehicle, or by any other means, is guilty of a Class 2 misdemeanor. Itshall be an affirmative defense to a charge of a violation of this subsectionif the defendant shows he reasonably believed he was being pursued by aperson other than a law-enforcement officer.B. Any person who, having received a visible or audible signal from anylaw-enforcement officer to bring his motor vehicle to a stop, drives suchmotor vehicle in a willful and wanton disregard of such signal so as tointerfere with or endanger the operation of the law-enforcement vehicle orendanger a person is guilty of a Class 6 felony. It shall be an affirmativedefense to a charge of a violation of this subsection if the defendant showshe reasonably believed he was being pursued by a person other than alaw-enforcement officer.C. If a law-enforcement officer pursues a person as a result of a violationof subsection B and the law-enforcement officer is killed as a direct andproximate result of the pursuit, the person who violated subsection B isguilty of a Class 4 felony.D. When any person is convicted of an offense under this section, in additionto the other penalties provided in this section, the driver's license of suchperson shall be suspended by the court for a period of not less than thirtydays nor more than one year. However, in any case where the speed of suchperson is determined to have exceeded the maximum allowed by twenty miles perhour, his driver's license shall be suspended by the court trying the casefor a period of not less than ninety days. In case of conviction andsuspension, the court or judge shall order the surrender of the license tothe court, which shall dispose of it in accordance with the provisions of §46.2-398.E. Violation of this section shall constitute a separate and distinctoffense. If the acts or activities violating this section also violateanother provision of law, a prosecution under this section shall not prohibitor bar any prosecution or proceeding under such other provision or theimposition of any penalties provided for thereby.(1964, c. 614, § 46.1-192.1; 1984, cc. 544, 780; 1988, c. 307; 1989, c. 727;1993, c. 796; 1996, cc. 577, 817; 1999, c. 720; 2000, c. 315; 2002, c. 505;2008, cc. 773, 811; 2010, c. 655.)
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  • § 46.2-817. Disregarding signal by law-enforcement officer to stop; eludingpolice; penalties.

    A. Any person who, having received a visible or audible signal from anylaw-enforcement officer to bring his motor vehicle to a stop, drives suchmotor vehicle in a willful and wanton disregard of such signal or whoattempts to escape or elude such law-enforcement officer whether on foot, inthe vehicle, or by any other means, is guilty of a Class 2 misdemeanor. Itshall be an affirmative defense to a charge of a violation of this subsectionif the defendant shows he reasonably believed he was being pursued by aperson other than a law-enforcement officer.

    B. Any person who, having received a visible or audible signal from anylaw-enforcement officer to bring his motor vehicle to a stop, drives suchmotor vehicle in a willful and wanton disregard of such signal so as tointerfere with or endanger the operation of the law-enforcement vehicle orendanger a person is guilty of a Class 6 felony. It shall be an affirmativedefense to a charge of a violation of this subsection if the defendant showshe reasonably believed he was being pursued by a person other than alaw-enforcement officer.

    C. If a law-enforcement officer pursues a person as a result of a violationof subsection B and the law-enforcement officer is killed as a direct andproximate result of the pursuit, the person who violated subsection B isguilty of a Class 4 felony.

    D. When any person is convicted of an offense under this section, in additionto the other penalties provided in this section, the driver's license of suchperson shall be suspended by the court for a period of not less than thirtydays nor more than one year. However, in any case where the speed of suchperson is determined to have exceeded the maximum allowed by twenty miles perhour, his driver's license shall be suspended by the court trying the casefor a period of not less than ninety days. In case of conviction andsuspension, the court or judge shall order the surrender of the license tothe court, which shall dispose of it in accordance with the provisions of §46.2-398.

    E. Violation of this section shall constitute a separate and distinctoffense. If the acts or activities violating this section also violateanother provision of law, a prosecution under this section shall not prohibitor bar any prosecution or proceeding under such other provision or theimposition of any penalties provided for thereby.

    (1964, c. 614, § 46.1-192.1; 1984, cc. 544, 780; 1988, c. 307; 1989, c. 727;1993, c. 796; 1996, cc. 577, 817; 1999, c. 720; 2000, c. 315; 2002, c. 505;2008, cc. 773, 811; 2010, c. 655.)

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