im facing a second dui in the state of pa and felony 3 fleeing and alluding. I did pull over in .08th of a mile but the officer put 1.2 miles does that effect the fact that it is being considered a felony 3 ?
Criminal Defense Attorney
There is no hard and fast rule that you have to travel a certain distance to be considered having attempted to flee and elude. It depends on the fact of the case. Sounds easy enough to determine the real distance before you pulled over. If you have had your preliminary hearing then you just take the officer's testimony as to where he activated his lights and where you pulled over. If you have not had the prelim yet ask your attorney to pin the officer down on this issue. It may not make a difference but then again it may give you some credibility.
DUI / DWI Attorney
You are not charged at a pretrial conference. You were charged at the first appearance in your case, when you were handed a complaint or other charging document.
Whether you can be sentenced at a pretrial conference is a jurisdiction-specific question. In WI, you generally can plead guilty and be sentenced at a pretrial conference. You should consult with a local, experienced criminal defense attorney on this issue.
Otherwise, I agree with the first answer. You could be charged with felony fleeing and eluding based on the facts you describe; and you should have a preliminary hearing, if you have not yet. Again, I strongly urge you to consult with a local, experienced criminal defense attorney.