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section 545.421 of the transportation code: (1) a person; (2) operates a motor vehicle; (3) and wilfully; (4) fails or refuses to bring vehicle to a stop; or (5) flees pursuing police vehicle; (6) when given a visual or audible signal to bring the vehicle to a stop; (7) and the signal is by hand, voice, emergency light, or siren; (8) officer giving signal is in uniform; (9) with prominently displayed badge, and (10) the officer's vehicle must be appropriately marked as an official police vehicle. See Tex. Transp. Code Ann. § 545.421(a), (b) (West 1999).
All of the foregoing elements must be proven to obtain a conviction under section 545.421. This statute requires that the defendant be signaled visually or audibly
to stop and that he be pursued by a marked police vehicle that is driven by a uniformed officer who is prominently displaying a badge
(c) Except as provided by Subsection (d), an offense under this section is a Class B misdemeanor.
(d) An offense under this section is a Class A misdemeanor if the person, during the commission of the offense, recklessly engages in conduct that places another in imminent danger of serious bodily injury.
(e) A person is presumed to have recklessly engaged in conduct placing another in imminent danger of serious bodily injury under Subsection (d) if the person while intoxicated knowingly operated a motor vehicle during the commission of the offense. In this subsection, "intoxicated" has the meaning assigned by Section 49.01, Penal Code.