Eluding a Police Officer

(a) A driver commits the offense of eluding a police officer if, knowing or having reason to know that a uniformed police officer is in pursuit in a marked police vehicle or is giving a visual or audible command to the driver to stop his vehicle, he eludes the officer. (b) In determining whether or not the driver knew or had reason to know he was being pursued or commanded by the officer to stop his vehicle, the arresting officer and the trier of fact shall consider the totality of the circumstances as described in § 3301.3 of this Chapter. (c) Eluding a police officer is a misdemeanor. In addition to any other penalty imposed for conviction of the offense, the sentencing judge may order that defendant’s driver’s license be suspended for a maximum of one (1) year. SOURCE: Added by P.L. 24-123:1 (Feb. 16, 1998).