In conversation with a former prosecutor, we discussed a case relating to EVADING with a vehicle per PC 38.04 (felony). From my experience on patrol, a FLEEING offense (TC 545.421--misdemeanor) is often times overlooked by the arresting officer due to lack of experience, training, or simply a lack of awareness that the statute is available.

Please take a minute to review the statutes and educate your peace officers and prosecutors on the availability of FLEEING under TC 545.421. It is a misdemeanor under the Transportation Code with a lighter burden of proof in cases that merit it.

Not all cases of a person refusing to stop for a traffic stop are necessarily a felony EVADING WITH A VEHICLE. A FLEEING offense fills the void in such cases with a more reasonable misdemeanor charge.

CRJ

I have talked with a number of Troopers about this issue. Generally, if the person takes off at high speed and endangers other persons, most of them will file the Penal Code offense. If the violator doesn't drive at high speed, doesn't endanger anyone else (including officers), and stops fairly quickly, the Trooper may file misdemeanor fleeing. Frankly, most of the videos I've seen tend to be high speed pursuits that involve imminent danger to other motorists and/or pedestrians--possibly more deserving of a felony charge.

Anyway, I've told Troopers that if they aren't certain about which charge to file, they should talk to their local prosecutor about the situation.

Janette Ansolabhehere