How much jail will my son get for evading and eluding police?

Q: My son (19) took the state cops on high speed chase reaching speed limits of 130 miles per hour (my Lexis). No one was injured, thank God. He did go through some field sobriety tests but apparently, they didn’t think he was high. He surrendered in the end with no incidents. There was a passenger in the vehicle but she was passed out. He did this in Allegheny County just short of the Westmoreland County line. (North Huntington, PA)

A: 75 Pa.C.S.A. Section 3733 defines the offense of fleeing or attending to elude a police officer. It is graded as a misdemeanor of the second degree. However, if the driver was DUI, left the state jurisdiction, or endangered the police or public via a high-speed chase, the crime is graded as a felony of the third degree. The maximum penalty for a M2 is 2 years in jail. The maximum penalty for a F3 is 7 years in jail. I assume he will be charged with a misdemeanor 2, fleeing and eluding. He will probably be charged with a smorgasbord of other motor vehicle offenses like speeding, reckless driving. He may also be charged with a misdemeanor level of Reckless Endangering of Another Person (REAP). Your son needs a lawyer. If your son has no criminal record, it will be considered a win to get out of this with summary motor vehicle charges. He will no doubt lose his license for at least one year. In addition, I would take his X-Box away, make him use a bicycle for transportation and get a job.

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