A driver of a motor vehicle who wilfully flees or attempts to elude a pursuing official law enforcement vehicle is guilty of a class 5 felony if the law enforcement vehicle is either:

1. Being operated in the manner described in section 28-624, subsection C and is appropriately marked to show that it is an official law enforcement vehicle.

2. Unmarked and either of the following applies:

(a) The driver admits to knowing that the vehicle was an official law enforcement vehicle.

(b) Evidence shows that the driver knew that the vehicle was an official law enforcement vehicle.

Charged With Unlawful Flight in Arizona?
Understanding ARS 28-622.01 and Your Defense Options in Yavapai County

When red-and-blue lights flash in the rear-view mirror, some drivers panic and keep going. In Arizona that decision can result in a Class 5 felony for Unlawful Flight from a Law-Enforcement Vehicle under ARS 28-622.01. If Prescott Police, DPS, or YCSO has accused you of fleeing or eluding, get experienced counsel fast—mandatory prison is on the table.

What the State Must Prove

To convict, prosecutors must establish that you:

1. Willfully fled or attempted to elude law enforcement, and
2. Knew —or reasonably should have known —the pursuing vehicle was an official law-enforcement vehicle acting in its official capacity.

Felony Penalties

Classification	Prison Range* (first offense)	Notes
Class 5 Felony	Probation ▫ 0.5 – 2 yrs	Presumptive 1.5 yrs; fines & surcharges apply

*Prior felonies raise the range to as much as 7 years.

Collateral Consequences

• Felony record (employment, housing, firearm rights)
• Driver-license suspension
• SR-22 insurance and steep premiums

Key Defense Strategies

• No willful intent—you did not realize an officer was behind you, or you were looking for a safe turnout on Iron Springs Road at night.
• ID issues—unmarked vehicle with inadequate lighting; driver could not reasonably identify it as law enforcement.
• Fourth-Amendment violations—illegal stop or arrest; dash-cam/body-cam conflicts.
• Constitutional missteps—Miranda or denial-of-counsel violations.
• Plea reduction—negotiating to reckless-driving or endangerment (misdemeanor) when evidence is weak.

Why Retain Ted Law?

• Decades defending felony cases in Prescott, Camp Verde & Verde Valley courts
• Rapid evidence-preservation (dash-cam, body-cam, traffic camera)
• Local insight into Yavapai County judges and prosecutors
• 24/7 jail-visit availability; aggressive bond motions

Call (928) 776-1782 or contact us online for a free, confidential consultation. Early intervention can mean the difference between a felony record and a far better outcome.