A. Any person who, having received a visible or audible signal from any law-enforcement officer to bring his motor vehicle to a stop, drives such motor vehicle in a willful and wanton disregard of such signal or who attempts to escape or elude such law-enforcement officer whether on foot, in the vehicle, or by any other means, is guilty of a Class 2 misdemeanor. It shall be an affirmative defense to a charge of a violation of this subsection if the defendant shows he reasonably believed he was being pursued by a person other than a law-enforcement officer.
B. Any person who, having received a visible or audible signal from any law-enforcement officer to bring his motor vehicle to a stop, drives such motor vehicle in a willful and wanton disregard of such signal so as to interfere with or endanger the operation of the law-enforcement vehicle or endanger a person is guilty of a Class 6 felony. It shall be an affirmative defense to a charge of a violation of this subsection if the defendant shows he reasonably believed he was being pursued by a person other than a law-enforcement officer.
C. If a law-enforcement officer pursues a person as a result of a violation of subsection B and the law-enforcement officer is killed as a direct and proximate result of the pursuit, the person who violated subsection B is guilty of a Class 4 felony.
D. When any person is convicted of an offense under this section, in addition to the other penalties provided in this section, the driver's license of such person shall be suspended by the court for a period of not less than thirty days nor more than one year. However, in any case where the speed of such person is determined to have exceeded the maximum allowed by twenty miles per hour, his driver's license shall be suspended by the court trying the case for a period of not less than ninety days. In case of conviction and suspension, the court or judge shall order the surrender of the license to the court, which shall dispose of it in accordance with the provisions of § 46.2-398.
E. Violation of this section shall constitute a separate and distinct offense. If the acts or activities violating this section also violate another provision of law, a prosecution under this section shall not prohibit or bar any prosecution or proceeding under such other provision or the imposition of any penalties provided for thereby.
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; 2008, cc. 773, 811; 2010, c. 655.
Notes of Decisions
Cited in
139
cases (
45 in the last 5 years), 1990–2026 · leading case:
Bazemore v. Commonwealth, 590 S.E.2d 602 (Va. Ct. App. 2004).
Bazemore v. Commonwealth, 590 S.E.2d 602 (Va. Ct. App. 2004).
· cites it 44× “2-95," felony eluding police, in violation of Code §§ 46.2-817 and 18.2-10, and second degree murder.”
Tucker v. Commonwealth, 564 S.E.2d 144 (Va. Ct. App. 2002).
· cites it 32× “Code § 46.2-817 provides, in pertinent part: A.”
Edwards v. Commonwealth, 589 S.E.2d 444 (Va. Ct. App. 2003).
· cites it 8× “In addition to convicting Edwards of assaulting a law enforcement officer, the trial judge convicted her of eluding a law enforcement officer after receiving a signal to bring her vehicle to a stop, see Code § 46.2-817, driving under the influence of alcohol, see Code § 18.”
Kathryn Johnson, s/k/a Kathryn Eileen Johnson v. Commonwealth of Virginia, 824 S.E.2d 14 (Va. Ct. App. 2019).
· cites it 23× “Kathryn Johnson was found guilty of eluding police in violation of Code § 46.2-817. That statute provides that it shall be an affirmative defense if the defendant shows she reasonably believed she was being pursued by a person other than a law-enforcement officer.”
Coleman v. Commonwealth, 660 S.E.2d 687 (Va. Ct. App. 2008).
· cites it 12× “On appeal, Armand Monet Coleman challenges the sufficiency of the evidence underlying his conviction for felony eluding in violation of Code § 46.2-817(B). We find the evidence sufficient and affirm Coleman’s conviction.”
Antwain Maurice Jones v. Commonwealth of Virginia, 768 S.E.2d 270 (Va. Ct. App. 2015).
· cites it 30× “Appellant argues on brief that, because Code § 46.2-817 is ambiguous, the rule of lenity should apply, and the statute must be interpreted in his favor.”
Phelps v. Com., 654 S.E.2d 926 (Va. 2008).
· cites it 13× “In this appeal of a judgment from the Court of Appeals, we consider whether a defendant is "a person" as that term is used in Code § 46.2-817(B), a penal statute. The statute states in relevant part: B.”
Patrick Franklin Graves, Jr. v. Commonwealth of Virginia, 780 S.E.2d 904 (Va. Ct. App. 2016).
· cites it 4× “, appeals his conviction by a jury for the felony of eluding law enforcement, in violation of Code § 46.2-817. On appeal, he asserts that the trial court erred by instructing the jury on the inference that may be drawn from a defendant’s flight.”
Thomas v. Commonwealth, 563 S.E.2d 406 (Va. Ct. App. 2002).
· cites it 8× “Ricardo Lloyd Thomas (appellant) was convicted in a jury trial of felony eluding a law enforcement officer resulting in serious injury to another in violation of Code § 46.2-817. On appeal, he contends the trial court erred in finding the evidence sufficient to establish venue…”
McMillan v. Com., 671 S.E.2d 396 (Va. 2009).
· cites it 4× “2-308; and feloniously disregarding a visible or audible signal by a law enforcement officer in violation of Code § 46.2-817. During a bench trial in the Circuit Court of the City of Hampton, the defendant objected to the admission of an exhibit that purported to show that he…”
United States v. Roseboro, 551 F.3d 226 (4th Cir. 2009).
· cites it 4× “Va. Code Ann. § 46.2-817 (A) ("It shall be an affirmative defense .”
Lash v. Cnty. of Henrico, 410 S.E.2d 689 (Va. Ct. App. 1991).
· cites it 14× “1 (now Code § 46.2-817) and reckless driving in accordance with former Code § 46.”
— Va. Code Ann. § 46.2-817(A) — 13 cases
United States v. Roseboro, 551 F.3d 226 (4th Cir. 2009).
“Va. Code Ann. § 46.2-817 (A) ("It shall be an affirmative defense .”
— Va. Code Ann. § 46.2-817(B) — 69 cases
Bazemore v. Commonwealth, 590 S.E.2d 602 (Va. Ct. App. 2004).
“2-95," felony eluding police, in violation of Code §§ 46.2-817 and 18.2-10, and second degree murder.”
Coleman v. Commonwealth, 660 S.E.2d 687 (Va. Ct. App. 2008).
“On appeal, Armand Monet Coleman challenges the sufficiency of the evidence underlying his conviction for felony eluding in violation of Code § 46.2-817(B). We find the evidence sufficient and affirm Coleman’s conviction.”
Phelps v. Com., 654 S.E.2d 926 (Va. 2008).
“In this appeal of a judgment from the Court of Appeals, we consider whether a defendant is "a person" as that term is used in Code § 46.2-817(B), a penal statute. The statute states in relevant part: B.”
Edwards v. Commonwealth, 589 S.E.2d 444 (Va. Ct. App. 2003).
“In addition to convicting Edwards of assaulting a law enforcement officer, the trial judge convicted her of eluding a law enforcement officer after receiving a signal to bring her vehicle to a stop, see Code § 46.2-817, driving under the influence of alcohol, see Code § 18.”
— Va. Code Ann. § 46.2-817(E) — 1 case
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