Question

A ISP trooper is signaling Garrett to stop. Garrett knows that he had been driving faster than the posted speed limit and worries that he will not be able to afford a speeding ticket. He attempts to avoid the traffic stop by driving 25 mph over the posted speed limit but is apprehended when he encounters a traffic jam. No one has been injured, and no property has been damaged during this incident. Would it be appropriate to charge Garrett with "aggravated fleeing or attempting to elude a peace officer" in this situation?

Answer 1

Garrett's action of increasing his speed by 25 mph over the speed limit after being signaled by an ISP trooper could potentially meet the criteria for an aggravated fleeing charge, as it shows an intent to evade law enforcement with reckless behavior.

Step-by-step explanation:

The concept of aggravated fleeing or attempting to elude a peace officer generally pertains to situations where a driver intentionally tries to evade a law enforcement official after being signaled to stop. The gravity of the charge can be elevated if the attempt to flee involves dangerous driving behaviors, such as speeding significantly over the posted limit. In Garrett's case, where he increased his speed by 25 mph over the speed limit after being signaled to stop by an ISP trooper, this behavior could potentially meet the criteria for an aggravated fleeing charge, especially considering that speeding by such an amount can pose a high risk to public safety even if no one was injured or no property was damaged.

In many jurisdictions, such charges are applicable when there's an intent to evade law enforcement coupled with reckless driving behavior. However, the specific laws and definitions can vary by state, and only a legal professional can provide an accurate assessment based on the local statutes and the details of the incident.