In Texas, the law prohibiting evading arrest is found in Section 38.04 of the Texas Penal Code. The following is the law relating to evading arrest. Notice the difference between evading arrest on foot & evading arrest in a motor vehicle:

Sec. 38.04.  EVADING ARREST OR DETENTION.

(a)  A person commits an offense if he intentionally flees from a person he knows is a peace officer or federal special investigator attempting lawfully to arrest or detain him.

(b)  An offense under this section is a Class A misdemeanor, except that the offense is:

(1)  a state jail felony if  the actor has been previously convicted under this section;

(2)  a felony of the third degree if:

(A)  the actor uses a vehicle while the actor is in flight;

(B)  another suffers serious bodily injury as a direct result of an attempt by the officer from whom the actor is fleeing to apprehend the actor while the actor is in flight; or

(C)  the actor uses a tire deflation device against the officer while the actor is in flight; or

(3)  a felony of the second degree if:

(A)  another suffers death as a direct result of an attempt by the officer from whom the actor is fleeing to apprehend the actor while the actor is in flight; or

(B)  another suffers serious bodily injury as a direct result of the actor’s use of a tire deflation device while the actor is in flight.

** The law changed on evading arrest in a motor vehicle in 2011 **

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How we fight Evading Arrest Cases & WIN

Attorney Tristan LeGrande scrutinizes the facts and evidence for your case and formulates a plan of attack. In evading arrest cases, focus must be placed on whether intended to flee. The person must have had knowledge that an officer was behind them, and intentionally made the decision to flee. Next, LeGrande Law fouses on whether the officer had a lawful reason to detain or arrest someone. THIS IS CRUCIAL! If the officer did not have a lawful reason to detain or arrest you, it is an unlawful seizure of your person or vehicle for the police to stop your vehicle. No matter what happens after the chase, or what is found in the vehicle, if the stop itself is unlawful, the evidence of the stop, and the stop itself, can be suppressed.