Ohio Failure to Comply Lawyers
Accused of Fleeing or Eluding the Police?
Failure to comply with the order or signal of a police officer, which is often referred to as fleeing or eluding, is a criminal charge that arises most commonly from incidents at traffic stops.
While some people assume this offense only applies to high-speed chases, Ohio law is far broader. Even a brief delay in stopping or an alleged refusal to follow a lawful order while a police officer is controlling traffic can result in criminal charges.
At Patituce & Associates, we defend people across Ohio who are facing failure to comply charges, whether the allegation involves a misdemeanor traffic-related incident or a serious felony offense with the potential for extensive prison time.
People across Ohio choose Patituce & Associates because:
- Our legal team is led by a former prosecutor who understands how these cases are charged and escalated.
- We have handled 20,000+ criminal cases across Ohio.
- We are trial-ready, with more than 400 cases taken to trial.
- We have a success rate of 95% at trial.
- We routinely defend misdemeanor and felony offenses.
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.
We serve clients across Ohio from our offices in Cleveland, Cincinnati, Toledo, Dayton, Akron, Strongsville, Beachwood, and Independence. Call (440) 771-1175 for help.
We understand that your specific situation requires individualized attention, and we are dedicated to providing just that.
No Case is Hopeless
We Don't Back Down. Ever.
Explore some of our recent wins.
-
Case Dismissed CLEVELAND V. AL-NAZER (2012 TRC 040781)
Our client was accused of driving while under the influence of drugs, or alcohol.
-
Not Guilty At Trial ROCKY RIVER V. D.F.
Client was charged with domestic violence against his wife.
-
Plea and Record Expunged STATE V. BAILEY, CUYAHOGA
Client was accused of stealing tens of thousands of dollars worth of property.
-
Charges Dismissed State v. Beckwith, Cuyahoga County
Student charged with the manufacturing of ecstasy.
-
Case Dismissed STATE V. J.S. (A JUVENILE) YOUNGSTOWN
Local counsel pushed for a plea to one of the sex related charges.
-
Acquittal State v. Tevin Biles
Client was identified as one of the alleged shooters at a New Year’s Eve party.
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
Get answers to common questions about fleeing and eluding in Ohio.
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.
