                                 CODE OF VIRGINIA

DISREGARDING SIGNAL BY LAW-ENFORCEMENT OFFICER TO STOP; ELUDING POLICE;
PENALTIES (§ 46.2-817)

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&#8217;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&#8217;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 &#xA7; 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.

HISTORY: 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.