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Houston Attorney on Fleeing and Attempting to Elude a Police Officer

Matt Horak is an experienced criminal defense attorney that defends individuals charged with fleeing and attempting to elude a police officer in Houston, Harris County and in The Woodlands, Montgomery County, TX. Horak Law fights to get the most favorable outcomes for alleged traffic offenses.

In many of these cases, the reason the driver flees is because of concerns about a suspended driver's license or because the driver is impaired. In other cases, the officer makes the arrest just because the driver took too long to pull over. 


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Texas Statutes for Flight from a Police Officer

The Texas Legislature created the following two criminal statutes to criminalize flight from a law enforcement officer:

  1. evading arrest or detention in a motor vehicle; and
  2. fleeing or attempting to elude a police officer.

The driver commits the offense of fleeing or attempting to elude a police officer if he “willfully fails or refuses” to stop the vehicle or flees, “or attempts to elude, a pursuing police vehicle when given a visual or audible signal to bring the vehicle to a stop.” See § 545.421(a) of the Texas Transportation Code.


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Texas Statute Section 545.421 - Fleeing or Attempting to Elude a Police Officer

The elements of fleeing or attempting to elude a police officer under section 545.421 of the transportation code are:

  1. a person;
  2. operates a motor vehicle;
  3. and wilfully;
  4. fails or refuses to bring the vehicle to a stop; or
  5. flees or attempts to elude a pursuing police vehicle;
  6. when given a visual or audible signal to bring the vehicle to a stop;
  7. and the signal is by hand, voice, emergency light, or siren;
  8. the officer giving the signal is in uniform;
  9. with a prominently displayed badge, and
  10. the officer's vehicle is appropriately marked as a law enforcement vehicle.

See Texas Transportation Code § 545.421.


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Horak Law - An Attorney in Houston for a Fleeing and Attempting to Elude

If you have been charged with the serious charge of fleeing and attempting to elude, then contact a criminal defense attorney in Houston, Texas. Call (713) 225-8000 to speak directly with Matt Horak for any case in Harris County, Houston or Montogomery County or The Woodlands, Texas.


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Our Office in The Woodlands
1790 Hughes Landing Blvd #400 The Woodlands, TX 77380 (281) 907-4990
Our Office in Houston
5300 Memorial Dr #750 A Houston, TX 77007 (713) 225-8000
Free Consultation Fill out the form below and we'll be in touch within 24 hours!

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Matt Horak Matt Horak is Board Certified in Criminal Law by the Texas Board of Legal Specialization since 2014