Sec. 545.421. FLEEING OR ATTEMPTING TO ELUDE POLICE OFFICER; OFFENSE. (a) A person commits an offense if the person operates a motor vehicle and wilfully fails or refuses to bring the vehicle to a stop or flees, or attempts to elude, a pursuing police vehicle when given a visual or audible signal to bring the vehicle to a stop.
(b) A signal under this section that is given by a police officer pursuing a vehicle may be by hand, voice, emergency light, or siren. The officer giving the signal must be in uniform and prominently display the officer's badge of office. The officer's vehicle must bear the insignia of a law enforcement agency, regardless of whether the vehicle displays an emergency light.
(c) Except as provided by Subsection (d), an offense under this section is a Class B misdemeanor.
(d) An offense under this section is a Class A misdemeanor if the person, during the commission of the offense, recklessly engages in conduct that places another in imminent danger of serious bodily injury.
(e) A person is presumed to have recklessly engaged in conduct placing another in imminent danger of serious bodily injury under Subsection (d) if the person while intoxicated knowingly operated a motor vehicle during the commission of the offense. In this subsection, "intoxicated" has the meaning assigned by Section 49.01, Penal Code.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1280 (H.B. 1831), Sec. 1.21, eff. September 1, 2009.
Notes of Decisions
Cited in
42
cases (
6 in the last 5 years), 1998–2025 · leading case:
Farrakhan v. State, 263 S.W.3d 124 (Tex. App. 2007).
Farrakhan v. State, 263 S.W.3d 124 (Tex. App. 2007).
· cites it 6× “” See Tex. Transp. Code Ann. § 545.421 (Vernon 1999).”
Peavey v. State, 248 S.W.3d 455 (Tex. App. 2008).
· cites it 3× “See Tex. Transp. Code Ann. § 545.421 (West 1999).”
Horne v. State, 228 S.W.3d 442 (Tex. App. 2007).
· cites it 2× “” Tex. Transp. Code Ann. § 545.421 (a) (Vernon 1999).”
United States v. Roseboro, 551 F.3d 226 (4th Cir. 2009).
· cites it 2× “"); Tex. Transportation Code § 545.421(a) ("A person commits an offense if the person operates a motor vehicle and wilfully fails or refuses to bring the vehicle to a stop or flees, or attempts to elude, a pursuing police vehicle when given a visual or audible signal to bring…”
Farrakhan v. State, 247 S.W.3d 720 (Tex. Crim. App. 2008).
“Tex. Transp. Code § 545.421(a). 2 . Tex. Pen.”
Walker v. State, 95 S.W.3d 516 (Tex. App. 2003).
“” Tex. TraNSp. Code Ann. § 545.421 (a) (Vernon 1999).”
Warren v. State, 98 S.W.3d 739 (Tex. App. 2003).
“Tex. Transp. Code Ann. § 545.421 (a) (Vernon 1999).”
Powell v. State, 206 S.W.3d 142 (Tex. App. 2006).
“Tex. Transp. Code Ann. § 545.421 (a) (Vernon 1999) ("A person commits an offense if the person operates a motor vehicle and wil-fully fails or refuses to bring the vehicle to a stop or flees, or attempts to elude, a pursuing police vehicle when given a visual or audible signal…”
LaSalle v. State, 973 S.W.2d 467 (Tex. App. 1998).
“See Tex. Transp. Code Ann. § 545.421 (Vernon Pamph.”
State v. Hollis, 327 S.W.3d 750 (Tex. App. 2010).
“Laws 722 , 771 (repealed 1995) (current version at Tex. Transp. Code Ann. § 545.421 (Vernon Supp.”
Quanell X Abdul Farrakhan v. State (Tex. App. 2006).
· cites it 6× “We determine (1) whether the evidence is legally sufficient to support the conviction; (2) whether appellant's due process rights were violated by the State's alleged use of perjured testimony before the grand jury; and (3) whether the trial court erred in charging the jury on…”
— Tex. Transp. Code § 545.421(a) — 9 cases
United States v. Roseboro, 551 F.3d 226 (4th Cir. 2009).
“"); Tex. Transportation Code § 545.421(a) ("A person commits an offense if the person operates a motor vehicle and wilfully fails or refuses to bring the vehicle to a stop or flees, or attempts to elude, a pursuing police vehicle when given a visual or audible signal to bring…”
Farrakhan v. State, 247 S.W.3d 720 (Tex. Crim. App. 2008).
“Tex. Transp. Code § 545.421(a). 2 . Tex. Pen.”
— Tex. Transp. Code § 545.421(c) — 1 case
— Tex. Transp. Code § 545.421(d) — 1 case
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