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Update to Police Pursuit Law Enhances Penalties for serious Violations

From Prattville Police Department

The next entry into the “New Laws in Alabama that Some on the Internet aren’t Going to Like” series relates to police vehicle pursuits and an amendment to the current law of Attempting to Elude Law Enforcement (13A-10-52). We understand that movies and police shows like to romanticize police chases, with cars bumping off each other, near misses in intersections, and Michael Bay-esque explosions (which of course “cool guys” don’t look back at). While we normally try to inject some lighthearted humor into these posts, the stark reality of it is that police pursuits are one of the most stressful and dangerous situations for not only police officers, but the public most importantly. For some, seeing blue lights in the rear mirror causes them to lose all sense of safety and responsibility and they put everyone in danger for what could be a very minor issue that doesn’t necessarily mean going to jail (or even a ticket). While the current law on the books covers those who choose to be The Bandit, this new update enhances penalties for serious violations to try to hold folks much more accountable for their reckless endangerment. Strike anything/anyone or cause injury or go into another state during a pursuit, Class C Felony…cause serious injury/death or go over 20 MPH above the posted speed limit (which happens most of the time) during a pursuit, Class B Felony. Goes into effect September 1 this year.

The Prattville Police Department takes vehicle pursuits very seriously and we put the safety of the public at the forefront of our minds during constant decision making during a pursuit. If our officers and/or supervisors believe that the current traffic and weather conditions or speeds put the general public at too great a risk (spending on the reason for pursuit), we will cancel and whoever that got away can brag about how they “left 12 in the dust” on Snap/IG. This, of course, isn’t an invitation to challenge the PPD to race off the line down Highway 31 or 82, just to let folks know that we don’t chase just to turn the roads into a demolition derby.

Amendment of Offense of Fleeing or Attempting to Elude Law Enforcement – Act 2023-489 (HB272; (Rep. Shaver, et al.)

“Relating to the offense of fleeing or attempting to elude law enforcement, this Act amends § 13A-10-52, Ala. Code 1975, to provide that a violation of subsection (a) or (b) is a Class C felony if the following occur: (1) the flight or attempt to elude causes the offender to strike or collide with another vehicle or pedestrian; (2) the flight or attempt to elude causes physical injury to any other person; or (3) the flight or attempt to elude results in the offender crossing the lines of this State into a neighboring State. A violation of subsection (a) or (b) is a Class B felony if either of the following occur: (1) the flight or attempt to elude causes serious physical injury or death to any other person; or (2) during the flight or attempt to elude the person exceeds 20 miles per hour over the legal maximum speed limit. Upon conviction of subsection (a) or (b), the court shall order the suspension of the driver license of the defendant for a period of not less than six months nor more than two years.”

Link to the act: https://arc-sos.state.al.us/ucp/L1285190.AI1.pdf (copy/paste link in browser…FB breaks the redirect)

We know there are strong opinions on police pursuits out there, some of which make very valid points for and against them. Pursuits are just one tool that police have in law enforcement to effect prosecution of serious incidents and felonies. If do you happen see blue lights in the rear view mirror, pull over as soon as it safe to do so and talk with the officer about the issue…and not try to slam the gas pedal through the floorboards.

#PPD#SlowDown#NotWorththeRisk#TicketisBetterThanAFelony#gtafivestars