Evading Police – NRS 484B.550

Overview

Evading police is a serious offense under Nevada Revised Statute (NRS) 484B.550. This law pertains to the act of attempting to flee from law enforcement officers during a traffic stop or other lawful inquiries. Understanding the implications of this statute is crucial for drivers and anyone involved in encounters with law enforcement.

Definition of Evading Police

Under NRS 484B.550, evading police refers to intentionally failing to stop for a law enforcement officer who is attempting to make a lawful traffic stop. Key components of the law include:

1. Lawful Authority: The police officer must be acting within their lawful authority when making the request to stop the vehicle. This includes situations where the officer has probable cause or reasonable suspicion of a traffic violation or criminal activity.
2. Intent to Evade: The driver must have the intention to evade the officer. This can be demonstrated through actions such as speeding away from a traffic stop, ignoring signals to pull over, or attempting to elude police by taking evasive maneuvers.
3. Failure to Stop: The individual must not have stopped the vehicle when commanded to do so by law enforcement.

Legal Requirements for Prosecution

To secure a conviction for evading police under NRS 484B.550, the prosecution must prove several elements beyond a reasonable doubt:

1. Lawful Traffic Stop: The officer must have been engaged in a lawful traffic stop or investigation.
2. Evading Behavior: The prosecution must demonstrate that the accused actively attempted to evade the officer, which can include speeding, making sharp turns, or fleeing on foot after abandoning the vehicle.
3. Intent: The prosecution must show that the accused had the intent to evade the police officer.

Related Offenses

Evading police is related to several other offenses, including:

• Resisting Arrest – NRS 199.280: Involves actively resisting a law enforcement officer’s attempts to arrest an individual.
• Reckless Driving – NRS 484B.653: Engaging in dangerous driving behavior that may occur during a police pursuit.
• Failure to Obey a Traffic Signal – NRS 484B.350: Involves disobeying traffic laws that could lead to evading police charges.

Examples of Evading Police Offenses

To illustrate how NRS 484B.550 is applied, consider these examples:

• Example 1: A driver sees police lights flashing behind them and accelerates to evade the stop. This action can lead to charges of evading police.
• Example 2: After a minor traffic infraction, a driver refuses to pull over and instead makes a series of turns to lose the pursuing officer. This behavior constitutes evading police under NRS 484B.550.

Penalties for Evading Police

The penalties for evading police under NRS 484B.550 can vary based on the circumstances of the case and whether any additional offenses are charged:

• Gross Misdemeanor: Evading police is generally charged as a gross misdemeanor, which can lead to:
  • Imprisonment: Up to 364 days in jail.
  • Fines: Up to $2,000.
• Enhanced Penalties: If the evasion involved reckless driving, endangerment of others, or if the individual has prior convictions, the penalties may increase significantly.

Defenses Against Evading Police Charges

If you are facing charges of evading police under NRS 484B.550, several defenses may apply:

1. Lack of Intent: Demonstrating that the accused did not intend to evade the officer can be a strong defense. For instance, if the driver was unaware that the officer was attempting to pull them over due to the presence of other vehicles or distractions, this may mitigate liability.
2. Improper Stop: If the officer did not have lawful authority to initiate the traffic stop, any subsequent charges for evading may be invalid.
3. Emergency Situations: If the accused fled due to a legitimate fear for their safety or the safety of others, this may serve as a valid defense.
4. Mistaken Identity: If the individual can prove that they were not the driver being pursued, charges may be dismissed.

The Importance of Legal Representation

Navigating the complexities of evading police charges requires knowledgeable legal representation. Josh Tomsheck is a board-certified criminal trial attorney and registered specialist in criminal trial law with the State Bar of Nevada. His extensive experience in handling traffic-related cases equips him to provide a robust defense against charges under NRS 484B.550.

As a Life Member of the National Association of Criminal Defense Lawyers and a Mountain State’s Super Lawyer, Josh has a proven record of achieving favorable outcomes, including numerous complete dismissals and acquittals at trial. His commitment to protecting the rights of clients and understanding the intricacies of Nevada’s legal landscape make him a strong advocate in cases involving evading police.

Understanding Your Rights

If you are accused of evading police, understanding your rights is crucial. Having experienced legal representation can help ensure that you navigate the legal process effectively and protect your interests.

For more information about defending against evading police charges under NRS 484B.550 in Las Vegas, contact the law firm of Hofland & Tomsheck to schedule a free consultation. Call (702) 895-6760 today to discuss your case and explore your legal options.