If there’s one way to make a potentially bad situation worse if law enforcement officers are trying to get you to pull your vehicle over, it’s to try to escape them. It will likely make them more certain that you’ve done something illegal and get their adrenaline going (particularly in a high-speed chase).
It can also add another criminal charge to whatever potential charges you’re already concerned about facing for drunk driving, drug possession or something that may have occurred earlier.
More about the law
Last year, Missouri enacted a law that created a new criminal offense for “aggravated fleeing a stop or detention of a motor vehicle.” It applies when a driver “operates a motor vehicle at a high speed or in any manner which creates a substantial risk of serious physical injury or death” and/or if someone is injured or killed as a result.
The offense is charged as a felony, but the class increases from a D to a B if there are injuries and to a Class A felony if anyone is killed. A conviction carries a $10,000 fine and a prison sentence that could go as high as 30 years.
These chases – especially long and/or high-speed ones – endanger others on the road and even along it. They also endanger officers. The statute was named “Valentine’s Law” after a St. Louis County detective who was killed during a high-speed chase in 2021.
Possible defenses are limited
It’s not considered a valid defense to say you weren’t aware that police were trying to pull you over since the law applies only when a police vehicle has lights and sirens on. The law states that it applies if a driver “knows or reasonably should know that a law enforcement officer is attempting to detain” them.
Even if the stop or attempted stop is later determined to have been illegal, that’s not a valid defense to fleeing officers. It can, however, be grounds for a civil action against the appropriate law enforcement agency.
Some lawmakers expressed some concerns about the law. As one state lawmaker said, “We are trying to allow our young people, and especially our women population, to be able to find a safe place to pull over before they are before they are subject to an increased penalty.” Certainly, as we’ve all seen, traffic stops can turn deadly for drivers even when they’re trying to comply with authorities.
If you’re facing charges for fleeing police, getting legal guidance as soon as possible can help protect your rights and better allow you to make your case.