About this video
A driver who does not pull over right away can be charged two very different ways. Brian Foley explains evading arrest under Penal Code § 38.04 — a state jail felony when a vehicle is used, third-degree with a prior — versus fleeing under Transportation Code § 545.421, a Class B misdemeanor. The elements overlap, the punishment does not, and the officer's choice at intake is where the defense begins.
This video is educational only and does not create an attorney-client relationship.