Fleeing from the police in Nebraska carries significant legal consequences including jail time, fines, and the loss of driving privileges. If you are facing these charges, it is critical to understand the relevant laws, possible penalties, and your potential defenses.
Omaha Avoiding Arrest Attorneys
While it is rarely a good idea to flee from the police, many people do so because they are scared, not in the right state of mind, or believe the consequences for fleeing are better than being caught immediately.
We understand traffic stops can be stressful encounters and that the police can sometimes mischaracterize failing to stop as fleeing the police.
Liberty Law Group is an experienced group of attorneys that defend against all manner of traffic crimes, including felony-level offenses.
Contact an attorney today for a free consultation by filling out our online form or calling our office at (402) 865-0501.
Our firm proudly serves the communities of Omaha in Douglas County, Lincoln in Lancaster County, Papillion in Sarpy County, and across the neighboring counties of Dodge, Cass, Washington, Saunders, and throughout Eastern Nebraska.
We also represent those charged in Iowa, including the communities of Council Bluffs in Pottawattamie County, Iowa, and surrounding areas.
- What is Operating a Motor Vehicle or a Vessel to Avoid Arrest?
- Penalties for Fleeing the Police
- Defenses Against Charges of Fleeing the Police
- The Role of a Traffic Ticket Lawyer
- Frequently Asked Questions
- Additional Resources
- Hire a Lawyer for Fleeing Arrest in Omaha NE
What is Operating a Motor Vehicle or a Vessel to Avoid Arrest?
Under Nebraska Revised Statute 28-905, the prosecutor must demonstrate that:
- The defendant was driving a motor vehicle or operating a vessel and knowingly made the decision to flee from law enforcement.
- Law enforcement made an active attempt to stop or arrest the defendant, which the defendant intentionally tried to avoid. This can be shown through the use of emergency lights, sirens, or direct commands to stop.
The offense applies to both motor vehicles and vessels. For example:
- If law enforcement signals for the defendant to stop their vehicle using lights or sirens and the defendant chooses to speed away or take evasive actions, they may be charged under this law.
- Similarly, if the defendant operates a boat or other vessel and attempts to evade law enforcement, whether for a misdemeanor or felony, they are also committing this offense.
In situations where fleeing results in injury or death due to reckless operation, the penalties are even more severe.
Penalties for Fleeing the Police
| Classification of Offense | Penalties |
|---|---|
| Class I Misdemeanor (Initial Offense) | Up to 1 year in jail and/or a $1,000 fine. |
| Class IV Felony (Injury, Death, Reckless Driving, or Prior Convictions) | Up to 2 years in prison, 9-12 months post-release supervision, and/or a fine up to $10,000. Potential loss of driving privileges for up to two years. |
If the offense involves a vessel, the same classifications apply, with potential loss of the operator’s license for up to one year for misdemeanors and up to two years for felonies.
Defenses Against Charges of Fleeing the Police
- Lack of Intent to Flee: It can be argued that the defendant did not intend to evade police. This defense may apply if the defendant was unaware that they were being pursued, such as if the police were in an unmarked vehicle or failed to use proper signals (e.g., lights or sirens).
- Emergency Situation: A defense may be raised that an emergency situation, such as rushing to the hospital, caused the defendant to continue driving rather than stopping.
- Mental State: The defendant’s mental state at the time of the incident can be used as a defense, particularly if they were in a state of mental distress or experiencing a crisis.
- Unawareness of a Warrant or Citation: It may be argued that the defendant was unaware of a warrant or citation against them, eliminating the motive or knowledge to avoid arrest.
- Mistaken Identity: It could be argued that the defendant was not the person involved in the alleged fleeing incident and that law enforcement mistakenly identified them.
- Improper Police Conduct: The defense may argue that law enforcement did not follow proper procedures during the pursuit.
The Role of a Traffic Ticket Lawyer
- Legal Advice: Your lawyer helps you understand the charges and potential outcomes, providing clear guidance throughout the process.
- Case Review and Evidence Gathering: They will gather evidence, including reviewing police reports and witness statements, to build a strong defense strategy.
- Negotiation: Your lawyer can negotiate with the prosecutor to seek reduced charges or penalties, potentially avoiding jail time.
- Court Preparation: They prepare you for court appearances, ensuring that you are ready to respond to questions and understand what to expect.
- Defense Strategy: Your lawyer develops a defense that challenges the prosecution’s case.
Frequently Asked Questions
What is the crime of operating a motor vehicle or vessel to avoid arrest?
It involves intentionally fleeing law enforcement while driving a vehicle or operating a vessel to avoid arrest or citation.
What law in Nebraska governs fleeing the police in a vehicle or vessel?
Nebraska Revised Statute 28-905 defines the offense of operating a vehicle or vessel to avoid arrest.
What are the penalties for fleeing the police in a motor vehicle?
Fleeing is a Class I misdemeanor, but it can escalate to a Class IV felony if injury, death, or reckless driving occurs.
What are the penalties for fleeing the police in a vessel?
It is a Class I misdemeanor or can become a Class IV felony if it involves injury, death, or reckless operation.
Can my license be revoked if convicted of fleeing the police?
Yes, for a misdemeanor it can be revoked for up to one year and for a felony up to two years.
What defenses can be used against a charge of fleeing the police?
Defenses include lack of intent to flee, emergency situations, and not recognizing law enforcement.
Can I avoid jail time if convicted of fleeing the police?
Yes, probation may be an alternative, allowing individuals to remain in the community under certain conditions.
Can a fleeing charge be elevated to a felony?
Yes, if the act involves prior convictions, reckless driving, or results in injury or death.
How can a criminal defense lawyer help in a fleeing charge?
They provide legal advice, gather evidence, negotiate with prosecutors, and represent you in court to seek reduced charges or dismissal.
Can I claim I didn’t know the police were trying to stop me?
Yes, a defense may argue that the defendant was unaware of the law enforcement presence, especially in unmarked vehicles.
Additional Resources
- Nebraska Fleeing the Police Law – This law in Nebraska explains the penalties for fleeing from police in a vehicle or vessel. It outlines consequences, including potential jail time and loss of driving privileges, based on the severity of the offense and any injuries caused to victims.Know Your Rights with Law Enforcement – This resource from the ACLU of Nebraska provides information on citizens’ rights when interacting with law enforcement. It covers scenarios such as being stopped for questioning and outlines an individual’s legal rights and the proper conduct during these interactions.
Hire a Lawyer for Fleeing Arrest in Omaha NE
Liberty Law Group is an experienced group of attorneys that defend against all manner of traffic crimes, including felony-level offenses.
Contact an attorney today for a free consultation by filling out our online form or calling our office at (402) 865-0501.
Our firm proudly serves the communities of Omaha in Douglas County, Lincoln in Lancaster County, Papillion in Sarpy County, and across the neighboring counties of Dodge, Cass, Washington, Saunders, and throughout Eastern Nebraska.
We also represent those charged in Iowa, including the communities of Council Bluffs in Pottawattamie County, Iowa, and surrounding areas.
