by Attorney Eric D. PuryearIowa code section 321.279 defines the crime of Eluding or Attempting to Elude Pursuing Law Enforcement Vehicle as follows:
1. The driver of a motor vehicle commits a serious misdemeanor if the driver willfully fails to bring the motor vehicle to a stop or otherwise eludes or attempts to elude a marked official law enforcement vehicle driven by a uniformed peace officer after being given a visual and audible signal to stop. The signal given by the peace officer shall be by flashing red light, or by flashing red and blue lights, and siren.
2. The driver of a motor vehicle commits an aggravated misdemeanor if the driver willfully fails to bring the motor vehicle to a stop or otherwise eludes or attempts to elude a marked official law enforcement vehicle that is driven by a uniformed peace officer after being given a visual and audible signal as provided in this section and in doing so exceeds the speed limit by twenty-five miles per hour or more.
3. The driver of a motor vehicle commits a class “D” felony if the driver willfully fails to bring the motor vehicle to a stop or otherwise eludes or attempts to elude a marked official law enforcement vehicle that is driven by a uniformed peace officer after being given a visual and audible signal as provided in this section, and in doing so exceeds the speed limit by twenty-five miles per hour or more, and if any of the following occurs:
a. The driver is participating in a public offense, as defined in section 702.13, that is a felony.
b. The driver is in violation of section 321J.2 or 124.401.
c. The offense results in bodily injury to a person other than the driver.
Eluding or Attempting to Elude in Iowa can carry up to a 1 year jail term when charged as a misdemeanor, a two years in prison when charged as an aggravated misdemeanor, or a 5 year prison term when charged as a Class D felony. As such, the charge of Eluding or Attempting to Elude is properly considered a serious criminal matter, rather than a traffic ticket. Those facing an Eluding or Attempting to Elude case in Iowa are wise to seek an attorney at once.