Eluding police

The same basic act, not stopping for a police signal, gets charged at three different levels under NRS 484B.550 depending on what else was happening. The baseline, with nothing else, is a misdemeanor. A DUI conviction arising from the same act takes it to a Category D felony. Dangerous driving or property damage takes it to a Category B felony, 1 to 6 years. If the eluding causes death or bodily harm to someone, it is a Category B felony carrying 2 to 20 years, a fine up to $50,000, or both.

In practice, the tier decides the exposure. A misdemeanor eluding case is usually resolvable without prison time. A Category B felony puts 1 to 6 years on the table. Contesting which tier applies, or whether the aggravating factors are actually provable, is often the most important work in these cases.

The dangerous driving threshold is where most arguments happen. What qualifies as dangerous driving under the statute is not precisely defined, and cases involving relatively minor deviations from normal driving patterns can be contested on that basis. Officers often characterize any eluding as dangerous driving; whether the facts support that characterization is worth challenging.

NRS 484B.550 requires intentional failure to stop. That's not a minor detail. It means the prosecution has to show the driver was aware of the signal and deliberately chose not to comply. A driver who didn't see lights, couldn't hear the siren, or stopped as soon as it was safe to do so may not have acted intentionally.

In cases where the driver eventually stopped, the question becomes whether the delay was intentional eluding or a reasonable response to circumstances. Someone who drove a few extra blocks to reach a safe pull-off at night, who didn't immediately hear a siren at highway speed, or who misread the situation initially has a different mental state than someone who accelerated and ran.

Dashcam footage from both the police vehicle and any in-car camera is often the best evidence in these cases. It often tells a completely different story about what the driver could see, hear, and reasonably have understood compared to the officer's written report.

When a DUI stop becomes a pursuit, the driver faces both a DUI charge and an eluding charge that becomes a Category D felony if the DUI ends in a conviction. The two cases are related but distinct. Each has its own elements and each carries its own sentence.

The eluding charge actually makes the DUI harder to fight in some ways. The fact of the pursuit provides additional observations about driving behavior and can be used to support the DUI impairment argument. Conversely, if the DUI charge is successfully challenged (for example, a bad stop or a procedural defect), that can affect the eluding charge's Category D status, potentially reducing it to a misdemeanor.

These cases have to be defended together. What happens to one charge affects the other, and a strategy that addresses only one side leaves exposure on the other.

Request dashcam footage from the pursuing officer's vehicle as soon as possible, including both the officer's perspective and any forward-facing camera footage. This footage often decides eluding cases, and it is retained only for limited periods.

If the stop also involved a DUI arrest, the two charges have to be treated as a connected case. How the eluding is handled affects the DUI, and the DUI resolution affects the eluding charge tier.

Call 702-990-0190 for a case review, usually the same business day.

Once your case resolves, you may be eligible to seal the record, which removes it from background checks. If you were convicted and believe legal errors occurred at trial, an appeal may be an option.