The primary statute in Kansas addressing fleeing or attempting to elude a police officer is Kansas Statute 8-1568, specifically titled "Fleeing or attempting to elude a police officer; aggravated fleeing or attempting to elude a police officer." This law outlines the actions that constitute the offense and the associated penalties.
Understanding Kansas Statute 8-1568
Kansas Statute 8-1568 makes it illegal for a driver to knowingly disregard a police officer's signal to stop while being pursued. The statute details the specific conditions under which a person can be charged with this offense.
The core of the offense, as defined by subsection (b) of the statute, involves:
- Any driver of a motor vehicle
- Who knowingly flees or attempts to elude a pursuing police vehicle or police bicycle,
- When given visual or audible signal to bring the vehicle to a stop.
If these conditions are met, the individual shall be guilty as provided by subsection (c)(1) of the same statute. This means that merely attempting to elude, even without succeeding, can lead to a charge.
Key Elements of the Offense
For a charge of fleeing or eluding a police officer under Kansas law, several elements must be present:
- Motor Vehicle Operation: The individual must be the driver of a motor vehicle.
- Police Pursuit: There must be an active pursuit by a police vehicle (car, motorcycle, etc.) or a police bicycle.
- Knowledge and Intent: The driver must knowingly flee or attempt to elude. This implies the driver was aware of the police presence and the signal to stop.
- Clear Signal: The police officer must have given a clear visual (e.g., flashing lights) or audible (e.g., siren) signal to indicate the need to stop.
Penalties for Fleeing or Eluding
The penalties for violating Kansas Statute 8-1568 vary significantly based on the circumstances of the offense, as outlined in subsection (c) of the statute. While the specific fines and imprisonment terms depend on the subsection violated (e.g., (c)(1)), the general severity of the charge can escalate from a misdemeanor to a felony.
Common factors that can aggravate the charge to a felony (e.g., aggravated fleeing or attempting to elude) include:
- Reckless Driving: Committing three or more moving violations during the flight.
- Property Damage: Causing damage to property or injury to another person.
- Prior Convictions: Having previous convictions for similar offenses.
- Speeding: Exceeding the speed limit by 20 miles per hour or more.
- Endangerment: Driving in a manner that creates a substantial risk of injury to another person.
Typical Consequences May Include:
- Fines: Substantial monetary penalties.
- Imprisonment: Jail time for misdemeanors, or state prison time for felony convictions.
- Driver's License Suspension: A period during which driving privileges are revoked.
- Points on Driving Record: Leading to higher insurance premiums or further license actions.
Understanding "Visual or Audible Signal"
Police officers typically use standard methods to signal a driver to stop. These include:
- Flashing Emergency Lights: Red and blue lights, often mounted on the vehicle's roof or grille.
- Siren: A distinct, loud warning sound.
- Spotlight: A bright light directed at the vehicle or driver.
- Hand Gestures: In some cases, clear hand signals may supplement other signals, especially during a bicycle pursuit.
For a charge to stand, it must be demonstrable that the driver had a reasonable opportunity to perceive these signals.
Practical Implications and Legal Defenses
Being charged with fleeing or eluding a police officer can have severe and lasting consequences, impacting one's criminal record, employment prospects, and financial stability. Potential legal defenses might include:
- Lack of Knowledge: Arguing that the driver genuinely did not see or hear the signal due to external factors (e.g., loud music, blind spot, vehicle malfunction).
- No Intent to Flee: Demonstrating that the actions were not an attempt to elude but rather due to confusion, seeking a safe place to stop, or other legitimate reasons.
- Improper Signal: Contending that the police signal was insufficient or unclear.
It is crucial for anyone facing such charges to consult with a qualified legal professional to understand their rights and explore potential defenses.
