2006 Code of Virginia § 46.2-817 - Disregarding signal by law-enforcement officer to stop; eluding police; penalties

46.2-817. Disregarding signal by law-enforcement officer to stop; eludingpolice; penalties.

A. Any person who, having received a visible or audible signal from anylaw-enforcement officer to bring his motor vehicle to a stop, drives suchmotor vehicle in a willful and wanton disregard of such signal or whoattempts to escape or elude such law-enforcement officer, is guilty of aClass 3 misdemeanor. It shall be an affirmative defense to a charge of aviolation of this subsection if the defendant shows he reasonably believed hewas being pursued by a person other than a law-enforcement officer.

B. Any person who, having received a visible or audible signal from anylaw-enforcement officer to bring his motor vehicle to a stop, drives suchmotor vehicle in a willful and wanton disregard of such signal so as tointerfere with or endanger the operation of the law-enforcement vehicle orendanger a person is guilty of a Class 6 felony. It shall be an affirmativedefense to a charge of a violation of this subsection if the defendant showshe reasonably believed he was being pursued by a person other than alaw-enforcement officer.

C. When any person is convicted of an offense under this section, inaddition to the other penalties provided in this section, the driver'slicense of such person shall be suspended by the court for a period of notless than thirty days nor more than one year. However, in any case where thespeed of such person is determined to have exceeded the maximum allowed bytwenty miles per hour, his driver's license shall be suspended by the courttrying the case for a period of not less than ninety days. In case ofconviction and suspension, the court or judge shall order the surrender ofthe license to the court, which shall dispose of it in accordance with theprovisions of 46.2-398.

(1964, c. 614, 46.1-192.1; 1984, cc. 544, 780; 1988, c. 307; 1989, c. 727;1993, c. 796; 1996, cc. 577, 817; 1999, c. 720; 2000, c. 315; 2002, c. 505.)