Eluding a police officer

Asked about 2 years ago - Olympia, WA

I recently got into a pursuit with a cop on i5 i went by him at about 145 and he started a pursuit and i jumped up to 180 and he discontinued the pursuit. Now here's the question I got what I deserved for being a fool I crashed and got hurt pretty bad spent a week in the ER. I was told i would be charged with wreckless driving and eluding yet it's been over a month and I have not recieved any notification via Mail and i was never ticketed at the time of the accident just taken to the hospital. Is it safe to say he felt I got enough punishment and didnt file a ticket? How long do they have to file and summon me? Lastly How long would i be looking at I have 1 prior it was a computer hacking crime which i got Fed time for but other than that i have a clean record.

Attorney answers (4)

  1. Teresa Lynn Border

    Contributor Level 14

    2

    Lawyers agree

    Answered . If the high speed driving and the chase went through 2 different counties you could be charged with Reckless Driving and Attemt to Elude in either or both counties. You do not indicate how long ago the federal conviction was but if within the last 5 years it would definitel count against you. Either county has up to 2 years to file Reckless Driving and up to 3 years to file Attempt to Elude. If convicted of Reckless Driving you are facing up to 364 days in jail and up to a $5000 fine. If you are convicted of Attempt to Elude as well as the Reckless Driving you are facing a standard range sentence of 2-5 months. Either offense carries license suspension as well. Given the fact scenario you have laid out, you will likely be charged in one of the counties. Consult with an expereinced criminal defense attorney in private and discuss what if anything you can do now to help your case. To protect yourself, do not discuss the scenario further over the internet.

  2. Scott Weymouth Lawrence

    Pro

    Contributor Level 18

    2

    Lawyers agree

    Answered . It most counties the police reports are sent to the prosecutor. The prosecutor reviews the information and decides if to files a criminal complaint and what charges to file. Because these agencies are busy it is not uncommon to be charged many months after the incident (the Statute of Limitations for filing charges is 2 years from the date of the incident for a misdemeanor and 3 years for the felony).

    Under the facts you mentioned, you almost certainly will be charged AND the prosecutor is very likely going to come after you aggressively. Don't wait for the State to take action, get a lawyer now and start doing damage control as soon as possible!

  3. Thuong-Tri Nguyen

    Contributor Level 20

    1

    Lawyer agrees

    Answered . You won't be charged with "wreckless driving". You did cause a wreck. You will be charged with reckless driving, among other crimes.

    You "jumped up to 180". Driving at that speed on public streets is incredibly stupid and dangerous. No prosecutor is going to let you off.

    "i was never ticketed at the time of the accident just taken to the hospital". The officer and many other persons likely were too busy saving your life to worry about writing tickets at the time. However, you can be certain that the officer filed his reports afterwards with recommendations that criminal law charges be filed against you.

    If you had alcohol or other drugs in your system, you will be looking at more charges.

    It would not be unusual if the prosecutor charges you with all criminal law charges for which the prosecutor thinks you can be convicted of.

    You should stop discussing the specific details of the incident with anyone but your attorneys. Anyone else may not have any privilege to assert to decline to testify against you in court.

    You should start looking for attorneys.

  4. James Edmund Oliver JR

    Contributor Level 13

    1

    Lawyer agrees

    Answered . I basically agree with the above…well, the two attorneys above the above. You’re gonna get charged.
    I don’t see multiple felony charges in different counties at the same time. While Thurston and Pierce could file at the same time, generally, one would be dismissed without prejudice so that the other county could proceed. At least that’s what’s happened in similar cases I’ve defended. Without Prejudice means the county could file later as long as there’s no double jeopardy violation.
    If you’re charged in Pierce County, your case would be prosecuted by either Tim Jones, or Mark Sanchez. They’re both honest, hard-working, professionals. They don’t pull any punches, but they don’t play games, either. I’m not sure who’s handling eludes in Thurston County these days as I haven’t defended one down there in a while.
    Start interviewing criminal defense lawyers now. The cop who chased you probably couldn’t hate you more even if you choked out a bunny in front of a group of first graders. Cops hate “eluders” and riders, but they really hate riders who elude. I can guarantee you that the police are interested in seeing you go to jail.
    I’ve attached a link to the Washington Sentencing Guidelines. Attempting to Elude is on page 207. Feel free to contact any of the attorneys on this page with any other questions.

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