Fitzgerald, Klesner, & Pavelich, PLC

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319-320-4569

Fitzgerald, Klesner, & Pavelich, PLC

319-320-4569

Protecting Your Rights And Your Future

Charged With Eluding A Police Officer? You Need A Personalized Defense.

The police have the right to pull over vehicles if they suspect a driver is under the influence of alcohol. However, being pulled over by the police can be a terrifying experience for drivers – and some drivers react in ways that lead to additional charges of attempting to elude a pursuing law enforcement vehicle.

Being charged with eluding a police officer can result in penalties that are even harsher than those for drunk driving alone. Attorney Shawn Fitzgerald helps clients in Iowa City, Cedar Rapids and surrounding areas with their criminal defense.

Understand What Eluding Means In A Criminal Case

In Iowa, eluding a police officer means that a driver failed to comply with an officer’s signals or orders while driving more than 25 mph over the speed limit. Evidence that shows a driver tried to elude the police may also be used in court to imply that the driver panicked because they knew they were intoxicated.

Attorney Shawn Fitzgerald understands that his clients may have had concerns that prevented them from stopping their vehicle as soon as possible. A simple mistake leading to a criminal charge should not be allowed to ruin a person’s life.

Penalties For Eluding A Police Officer In Iowa

For many years, a criminal charge for eluding a police officer was classified as a misdemeanor. However, new laws changed this misdemeanor to a felony, which makes this offense much more serious. This can cause those charged to face up to 10 years in prison and $10,000 in fines. Experienced criminal defense attorney Shawn Fitzgerald has helped clear the names of many of his clients and wants to do the same for you.

Can Eluding Charges Increase If Under The Influence?

Eluding a police officer is a serious offense, and the consequences can escalate significantly when alcohol or drugs are involved. Under Iowa law, eluding becomes a felony if the driver exceeds the speed limit by more than 25 miles per hour during the pursuit.

When intoxication is suspected or confirmed, prosecutors may pursue additional charges such as Operating While Intoxicated (OWI), which compounds the legal risks:

  • Eluding while intoxicated may result in felony charges even for first-time offenders
  • Prosecutors may argue that attempts to flee were motivated by driver awareness of their impaired state
  • Evidence of intoxication can be used to justify harsher penalties, including longer jail time and higher fines

Drivers facing both OWI and eluding charges should seek legal counsel immediately. The combination of these offenses can lead to severe consequences that affect both criminal records and future opportunities.

Can An Eluding Conviction Affect An Iowa Driver’s License?

Yes, an eluding conviction can have a direct impact on a driver’s license in Iowa. The state imposes administrative and criminal penalties that may include license suspension or revocation, especially when the offense involves excessive speeding or intoxication:

  • Conviction for eluding may trigger license suspension, particularly if paired with OWI charges
  • The Iowa Department of Transportation may require an ignition interlock device before reinstating driving privileges
  • Repeat offenses or felony-level eluding can trigger longer suspension periods and stricter reinstatement conditions

Losing the right to drive can disrupt employment, education and family responsibilities. Understanding the full scope of consequences is essential for anyone facing eluding charges.

What Defenses Exist For Eluding A Police Officer Charge?

Defending against eluding charges requires a strategic approach tailored to the facts of the case. Several viable defenses may apply depending on the circumstances, including intoxication, perceived threats or misunderstandings. Possible defense strategies include:

  • The driver feared for their safety due to an unmarked vehicle or isolated location.
  • The driver was unaware that law enforcement was attempting a stop.
  • The driver was experiencing a medical emergency or mental health crisis.
  • The driver was intoxicated but did not intend to flee, and the behavior was misinterpreted.

Each defense must be supported by credible evidence and strong legal arguments. An experienced attorney can evaluate the situation and build a defense that protects your rights and future.

Get In Touch With A Strong Defense Lawyer

It is never too late to get in touch with attorney Shawn Fitzgerald when you need to build a criminal defense case. You can reach out to Fitzgerald, Klesner, & Pavelich, PLC for a free consultation by calling 319-320-4569 or completing our online contact form.

Notable Cases

Cedar County AGCR024516 — PLEA OFFER ACCEPTED — Attorney Shawn Fitzgerald’s client was accused of the crime of Operating a Motor Vehicle While License is Barred as a Habitual Offender §321.560/ §321.561/ §321.555 /§321.556 (An Aggravated Misdemeanor), as well as Failure to Use Child Restraint Devise §321.446 (A Scheduled Violation). Attorney Shawn Fitzgerald was able to secure a plea offer satisfactory to both client and state.

Notable Cases

Muscatine County AGCR057733 — PLEA ACCEPTED, CHARGE REDUCED — Attorney Shawn Fitzgerald’s client was accused of Domestic Abuse Assault §708.2A(2)(b) (A Serious Misdemeanor). An initial plea offer stated the client would have to plead guilty as charged, attorney Shawn Fitzgerald worked for a better offer for his client. The client was able to plead guilty to an amended lesser charge of Disorderly Conduct §723.4(2) (A Simple Misdemeanor).