Maryland Eluding the Police: More Than Just a Traffic Ticket?

 Posted on September 16, 2025 in Criminal Defense

If you have ever glanced up to your rearview mirror to see flashing lights behind you, then you know that sinking feeling in the pit of your stomach. Were you speeding? Did you roll through a stop sign? While these traffic offenses can cost you money and add points to your driving record, there are more serious types of driving offenses that can change a traffic stop from a ticket to a criminal offense. One of these is fleeing and eluding the police.

This offense can result in time behind bars, suspension of your driver’s license, fines, fees, and a permanent criminal record. Speeding away from law enforcement, refusing to pull over, or even continuing a short distance before stopping can all result in criminal charges with serious consequences.   

Maryland’s fleeing and eluding law is found under Maryland Transportation Article Section 21-904, which was changed in 2013 under Senate Bill 205. The change allows an individual, while obeying traffic laws, to proceed directly to a nearby police station or any other lighted public location. If you are facing a charge of fleeing and eluding a police officer, it is vital that you speak to an experienced Rockville, MD criminal defense lawyer.  

Are There "Degrees" of Eluding the Police in Maryland?

Maryland classifies eluding the police into different degrees, based on the specific circumstances. The severity of the charges, along with the penalties, increases when eluding the police causes a risk to others, such as:

"Basic" Fleeing and Eluding Law Enforcement

Basic fleeing and eluding occurs when a driver willfully fails to stop his or her vehicle after being given a visual or audible signal to stop by the law enforcement officer, and is generally charged as a misdemeanor. Penalties for basic fleeing and eluding are usually up to one year in jail and a maximum fine of $1,000.

Fleeing and eluding on foot may also be considered "basic" fleeing, but the primary focus under Maryland laws is generally vehicle-related eluding.  Fleeing and eluding on foot is also a misdemeanor charge. Examples of basic fleeing and eluding include speeding away to avoid a traffic stop, failing to pull over within a reasonable time, and running away on foot after being ordered to stop.

Fleeing and Eluding in a Manner That Endangers Others  

If the act of fleeing or eluding creates a risk of death or serious bodily injury to another person, the offense is elevated to a more serious degree (usually a felony charge). The core of this charge involves deliberately disobeying an officer’s lawful command to stop, then engaging in reckless behavior that puts others at risk of severe injury or death. This could result in jail time of up to three years, depending on the circumstances and whether there were significant injuries.  

Fleeing and Eluding Resulting in Death

If a death resulted from the attempt to elude law enforcement, then the penalties are significantly more severe, with up to 10 years in prison, and a maximum fine of $5,000. The individual may also face civil lawsuits from the victim’s family, significantly increased insurance rates, and negative impacts on employment and career prospects.  

Potential Defenses to Fleeing and Eluding Charges

The most common defenses to Maryland charges of fleeing and eluding include:

• There was a lack of a clear signal by the officer, or no emergency lights or sirens.
• The driver had a medical emergency or safety concern.
• The driver did not see the police lights.
• The driver continued to drive to a "safe" area, but was still accused of fleeing.
• The driver was confused about whether the pursuer was actually law enforcement.
• The legality of the initial traffic stop was questionable.

Contact a Howard County, MD Criminal Defense Lawyer

The stakes are too high to treat a fleeing and eluding charge like a simple traffic citation. A Rockville, MD criminal defense attorney from Law Offices of Mallon Snyder can help ensure the best possible outcome on your behalf. Attorney Snyder offers over 45 years of legal experience, 24/7 availability, and is willing to aggressively fight for you in court. Call 301-762-7500 to schedule your free consultation.