Rules of the Road for Drivers

ORS 811.540
Fleeing or attempting to elude police officer

  • penalty


(1)

A person commits the crime of fleeing or attempting to elude a police officer if:

(a)

The person is operating a motor vehicle; and

(b)

A police officer who is in uniform and prominently displaying the police officer’s badge of office or operating a vehicle appropriately marked showing it to be an official police vehicle gives a visual or audible signal to bring the vehicle to a stop, including any signal by hand, voice, emergency light or siren, and either:

(A)

The person, while still in the vehicle, knowingly flees or attempts to elude a pursuing police officer; or

(B)

The person gets out of the vehicle and knowingly flees or attempts to elude the police officer.

(2)

It is an affirmative defense to a prosecution of a person under this section that, after a police officer operating a vehicle not marked as an official police vehicle signaled the person to bring the person’s vehicle to a stop, the person proceeded lawfully to an area the person reasonably believed was necessary to reach before stopping.

(3)

The offense described in this section, fleeing or attempting to elude a police officer, is applicable upon any premises open to the public and:

(a)

Is a Class C felony if committed as described in subsection (1)(b)(A) of this section; or

(b)

Is a Class A misdemeanor if committed as described in subsection (1)(b)(B) of this section. [1983 c.338 §664; 1991 c.655 §1; 1997 c.532 §1; 1997 c.860 §1]
PARKING, STOPPING AND STANDING

Notes of Decisions

Under Former Similar Statute (Ors 487.555)

Nonviolent flight from attempted arrest is not criminal, and thus evidence was insufficient to sustain escape charge where defendant was convicted of driving under influence of intoxicants and third degree escape. State v. Swanson, 34 Or App 59, 578 P2d 411 (1978)

Where defendant was driving car in one direction on street, police officer traveling in other direction indicated by lights and signal defendant was to pull over, defendant pulled off road at first opportunity and immediately after stopping car jumped out and fled on foot, flight from car, standing alone, could not serve as basis for conviction under this section. State v. O'Connor, 36 Or App 293, 584 P2d 352 (1978)

Campus security officer who was also deputy sheriff was not "police officer" within meaning of this section where his uniform and automobile identified him only as security officer. State v. Beaman, 42 Or App 57, 599 P2d 476 (1979)

In General

Requirement that police officer be in uniform and display badge or be operating marked vehicle is essential element of offense that must be specified in indictment. State v. Burnett, 185 Or App 409, 60 P3d 547 (2002)

Person need not be within sight of pursuing officer at time person flees or attempts to elude officer by leaving vehicle. State v. Cave, 223 Or App 60, 195 P3d 446 (2008), Sup Ct review denied

Person does not commit repeated violations of this provision simply because more than one officer pursues person or because one officer's pursuit of person ends before another officer's pursuit begins. State v. Reed, 256 Or App 61, 299 P3d 574 (2013), Sup Ct review denied

Where more than one officer pursues person, person commits repeated violations of this provision if person (1) stops running and hiding, (2) has sufficient time to make new, independent decision to flee or attempt to elude subsequent pursuer and (3) flees or attempts to elude subsequent pursuer. State v. Reed, 256 Or App 61, 299 P3d 574 (2013), Sup Ct review denied

Chapter 811

See also annotations under ORS chapter 483 in permanent edition.

Notes of Decisions

Under Former Similar Statute

A party in violation of a motor vehicle statute is negligent as a matter of law unless he introduces evidence from which the trier of fact could find that he was acting as a reasonably prudent person under the circumstances. Barnum v. Williams, 264 Or 71, 504 P2d 122 (1972)

Law Review Citations

Under Former Similar Statute

10 WLJ 207 (1974)


Source

Last accessed
Jun. 26, 2021