You can run, but you can’t hide. That basically sums up the concept of eluding police. It’s very seldom that the police don’t catch up with someone attempting to elude them. And, eluding charges are not something to be ignored.
Clients are quick to explain to their attorneys why they tried to run away from the police. Almost always, attempts at eluding are done in panic mode. Maybe there was the possibility of DWI/DUI charges. Perhaps the car smelled of burning marijuana. As an afterthought, many admit that eluding the police only added to their problems.
You might be surprised at the number of people charged with eluding. It’s not limited to just regular civilians either. A recent news article reported that a local police officer was indicted for eluding. She was also charged with driving while under the influence. Although the latter is considered a motor vehicle offense, eluding is a criminal charge. Learn why it’s important to fight charges of eluding the police.
Eluding the Police is a Criminal Charge
Just about every driver knows the drill. If a police officer signals you to pull over, you are expected to do so. It doesn’t matter if you are given a simple hand gesture or stopped with lights and sirens. Failure to do so can result in more than a headache.
The section of the law that deals with eluding is the same statute that discusses resisting arrest. In pertinent part, it says: “Any person, while operating a motor vehicle… who knowingly flees or attempts to elude any police or law enforcement officer after having received any signal from such officer to bring the vehicle or vessel to a full stop commits a crime.”
We note that the law goes on to differentiate between two types of crimes associated with an eluding charge. It’s considered more serious when an “attempt to elude creates a risk of death or injury to any person.” That includes putting yourself at risk by trying to run from the police.
The consequences of a conviction for eluding includes severe penalties. If no one was put at personal risk, eluding is considered a crime of the third degree. This could mean jail time from three to five years. In addition, a conviction could result in license suspension for six months to two years.
If someone was put at risk while eluding police, the potential for jail time is even longer. This would be considered a crime of the second degree. A Second degree crime could mean a sentence of five to ten years.
Of course, eluding is seldom a solitary charge. It is often given in conjunction with some other offense or charge. It is therefore extremely important to consult with an experienced legal advisor concerning your rights.
Contact Us
If you’ve been charged with eluding, the Law Offices of Beninato & Matrafaljo invites you to consult with us. Contact us to learn how to fight your charges for eluding and related issues.
