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When Does Fleeing Become a Felony?

Fleeing and Eluding may be charged as a misdemeanor or a felony under Kentucky law.  KRS 520.095 defines the necessary requirements for felony fleeing.

KRS 520.095 Fleeing or evading police in the first degree.

(1) A person is guilty of fleeing or evading police in the first degree:

(a) When, while operating a motor vehicle with intent to elude or flee, the person knowingly or wantonly disobeys a direction to stop his or her motor vehicle, given by a person recognized to be a police officer, and at least one (1) of the following conditions exists:

1. The person is fleeing immediately after committing an act of domestic violence as defined in KRS 403.720;

2. The person is driving under the influence of alcohol or any other substance or combination of substances in violation of KRS 189A.010;

3. The person is driving while his or her driver's license is suspended for violating KRS 189A.010; or

4. By fleeing or eluding, the person is the cause, or creates substantial risk, of serious physical injury or death to any person or property.

If on foot, either item 1 or 4 above must exist.  If you have been charged with misdemeanor or felony fleeing, you need to hire a criminal defense attorney who regularly practices in your area.  For consultation in Northern Kentucky, call the Bouldin Law Firm at 859-581-6453 (581-MIKE) or email [email protected].  

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