Totality of the Circumstances Described

As used in § 3301.1 of this Chapter, factors to be considered in determining whether or not a driver, at the time and place in question, had the requisite knowledge to support a charge of eluding a police officer include the following: (a) Was the officer in a marked police car? (b) Did the officer use audible or visual commands, or both, to signal the driver? (c) Was the officer in uniform? (d) The time of day or night. (e) Was the vehicle being operated on a public highway? (f) Why was the officer trying to stop the driver? (g) Time and distance involved in the pursuit. (h) Maximum speed attained during the pursuit. (i) Was the driver suspected of being under the influence of alcohol or drugs? SOURCE: Added by P.L. 24-123:3 (Feb. 16, 1998).