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In Texas is it standard procedure to seize a vehicle used in a alleged evading arrest charge?
Wiki User
∙ 13y ago
Any policy would most likely be set by the agency making the arrest and seizure. However, it wouldn't be especially unusual, and it's possible the agency could start forfeiture proceedings against the owner of a vehicle used in a pursuit or other crime.
Added; In addition to the above - there is also the very real problem of WHO to turn your vehicle over to, when you are arrested. Law enofrcement just can't leave it sitting there in the road, so it is impounded for 'safekeeping.' They may also be interested in just WHY it was you were fleeing from them, and if they can develop sufficient probable cause, they may apply for a warrant to search it while it is safely (and legally) maintained in their chain of custody.
Wiki User
∙ 13y ago
Wiki User
∙ 11y agoYes
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What is the lowest possible punishment for evading arrest with a motor vehicle?
Community Service
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Always get a lawyer when you are charged with anything or have any dealings with police.
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If you are not using a motor vehicle during the act of evading arrest, it is a Class B Misdemeanor.Evading arrest using a vehicle:If you have never been convicted of evading arrest before, then it is a state jail felony.If you have been convicted of evading arrest before, or someone gets injured because you evaded arrest, then it is a third degree felony.If someone died because you evaded arrest, then it is a second degree felony.
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The answer will vary from state to state, but if you successfully evade arrest you cannot be punished.
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If you are speaking of eluding them via motor vehicle; it depends on the laws of your particular state. In some states the charge is a criminal statute violation, in others it is a violation of DMV regulations.
If you are arrested for evading arrest what happens to your vehicle?
If your car was part of the 'evading charge' they have several options. They can either turn it over to someone you designate and who is there at the time (a passenger maybe) - they can impound it for safekeeping - or they may impound it as evidence of the offense. Without knowing more about the specifics of the offense, it's difficult to take a guess.
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Laws vary from state to state,but in most cases it is decided by the officer if you are driving to evade arrest,such as not stopping for their lights and siren in a given amount of time or distance, making unexpected turns, pulling away at high speed etc... There are a very few exceptions that an officer may take into consideration on evading, such as at night in rural areas/backroads where there are no street lights, if the driver of the vehicle is a woman and she signals to the officer and then drives a short distance and pulls into a fully lit parking lot, then most of the time the officer will not charge her with evading or failure to stop...given todays number of increased impersonations of police and police vehicles, it is still left to the officer to determine if it was evading or not...
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