When faced with a person who chose to flee rather than stop when an officer attempts to stop the person for a traffic violation (the vehicle type, of course), how many of you choose to file under Transportation Code 545.421 rather than Penal Code 38.04. Violation of Section 545.421 is a base Class B Misdemeanor while Section 38.04 would be a SJF under the same facts. I have been getting some questions regarding which is applicable from some of our troops. Your response will be appreciated.

Janette Ansolabehere

P.S. Please excuse the baby questions from a non-prosecutor

I seem to recall (from my baby prosecutor days ) that if you file fleeing, the Transporation Code allows a defendant to take defensive driving, just like a speeding ticket. I always file evading for that reason.