Ohio Failure to Comply Lawyers

What Does “Failure to Comply” Mean in Ohio?

Failure to comply is defined under Ohio Revised Code § 2921.331. The statute makes it illegal to willfully fail or refuse to comply with a lawful order or signal of a police officer, particularly when the order involves stopping a vehicle or obeying directions in traffic.

In most cases, the charge stems from an allegation that a driver did not stop immediately when signaled by law enforcement or attempted to evade a traffic stop. Importantly, the law does not require a long pursuit for the crime to occur. 

The prosecution may argue that even a short delay, a turn onto another road, or continued driving after lights or sirens were activated constitutes noncompliance.

First-Degree Misdemeanor Failure to Comply

At its lowest level, failure to comply is charged as a first-degree misdemeanor, which is a serious criminal offense. This typically applies when a driver fails to stop but does not create a substantial risk of harm and does not engage in dangerous conduct.

A conviction for misdemeanor failure to comply may result in:

• Up to 180 days in jail
• Fines of up to $1,000
• Driver’s license suspension
• Probation or community control

Even at the misdemeanor level, our legal team treats these cases seriously because traffic-related convictions can affect employment, insurance rates, driving privileges, and more. We want to shield you from any penalties as best we can.

Felony Failure to Comply Charges in Ohio

Failure to comply becomes a felony when certain aggravating factors are alleged. Ohio law increases the severity of the charge based on the level of risk of harm created during the incident.

Fourth-Degree Felony Failure to Comply

The charge may be elevated to a fourth-degree felony if the prosecution alleges that the driver operated the vehicle in a manner that created a substantial risk of serious physical harm to people or property.

Potential penalties include:

• 6 to 18 months in prison
• Up to $5,000 in fines
• Community control
• Mandatory license suspension

Third-Degree Felony Failure to Comply

Failure to comply may be charged as a third-degree felony if the alleged conduct caused a substantial risk of serious physical harm or involved particularly dangerous circumstances.

Penalties for a third-degree felony in Ohio may include:

• 9 months to 5 years in prison
• Up to $10,000 in fines
• Post-release control
• Loss of driving privileges

Our team understands how prosecutors attempt to use subjective assessments of “risk” and “danger” to justify felony charges, and we aggressively scrutinize those claims. If the prosecution tries to argue that mitigating factors, like busy traffic conditions, justify an escalation of your charges, we will be ready to challenge them.

FAQs About Failure to Comply Charges

Is failure to comply the same as starting a high-speed chase?

No. A high-speed pursuit may be one example of someone failing to comply with an officer’s traffic order, but Ohio law does not require a chase or excessive speed to file this type of charge.

Can I be charged even if I eventually stopped?

Yes. Prosecutors may argue that any delay in stopping constitutes noncompliance.

Is failure to comply always a felony?

No. It starts as a first-degree misdemeanor but can be elevated to a felony based on alleged risk factors.

Can these charges affect my driver’s license?

Yes. License suspension is a common consequence, especially in felony cases. However, your driver’s license may be suspended by the Ohio Bureau of Motor Vehicles (BMV) through an administrative process that is separate from the criminal justice system. 

Should I hire a lawyer even for a misdemeanor charge?

Yes, we recommend that you at least speak to a defense attorney for any criminal charge you face.

Get Your Defense Started by Calling Us Now

Failure to comply charges should never be brushed aside as “just a traffic law issue.” 

Whether you are facing a misdemeanor or felony accusation, the outcome can have lasting consequences on your future. Let our Ohio failure to comply attorneys protect your rights, challenge the allegations, and guide you through the legal process with clarity and confidence.

Contact Patituce & Associates if you have been accused of fleeing or eluding the police in Ohio. We take calls 24/7.