Q: In the state of Texas is it "evading" police by turning your hazard lights on and drivng at a slow speed.
A:
The Texas Penal Code Section 38.04 entitled "Evading Arrest or Detention" provides:
(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. The ultimate issue is "intent".
The Texas Penal Code 6.03(a) further provides: A person acts intentionally, or with intent, with respect to the nature of his conduct when it is his conscious objective or desire to engage in the conduct or cause the result.
A: If you are aware the police officer is trying to stop you, yes, it would be evading. I had a jury trial on this issue last year where the police officer whistled as my client went by him and the jury "inferred" he must have seen the flashing lights and heard or saw the police officer but he kept driving. And the reason he was leaving is because he knew someone called the cops to break up a fight he started so I guess in hindsight he was lucky to get probation.
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