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2002 SESSION
Be it enacted by the General Assembly of Virginia:
1. That § 46.2-817 of the Code of Virginia is amended and reenacted as follows:
§ 46.2-817. Disregarding signal by law-enforcement officer to stop; eluding police; penalties.
A. Any person who, having received a visible or audible signal from any
law-enforcement officer to bring his motor vehicle to a stop, drives such motor
vehicle in a willful and wanton disregard of such signal or who attempts to
escape or elude such law-enforcement officer, shall be is guilty of a Class 3
misdemeanor. It shall be an affirmative defense to a charge of a violation of this subsection if the
defendant shows he reasonably believed he was being pursued by a person other than a law-enforcement
officer.
B. Any person who, having received a visible or audible signal from any
law-enforcement officer to bring his motor vehicle to a stop, drives such motor
vehicle in a willful and wanton disregard of such signal so as to interfere
with or endanger the operation of the law-enforcement vehicle or endanger a
person shall be is guilty of a Class 6 felony. It shall be an affirmative
defense to a charge of a violation of this subsection if the defendant shows he reasonably believed
he was being pursued by a person other than a law-enforcement officer.
C. When any person is convicted of a misdemeanor an offense under this section,
in addition to the other penalties provided in this section, the driver's license of
such person may shall be suspended by the court for a period of not less
than thirty days nor more than one year. However, in any case where the speed of such person is
determined to have exceeded the maximum allowed by twenty miles per hour, his driver's license
shall be suspended by the court trying the case for a period of not less than
ninety days. In case of conviction and suspension, the court or judge shall
order the surrender of the license to the court, which shall dispose of it in
accordance with the provisions of § 46.2-398.