Vehicular Eluding is a traffic offense in Denver that involves avoiding a police officer who is pursuing you or signals you to pull over. Doing things like increasing your speed, as well as driving in a reckless manner to elude police can lead to costly penalties. Either misdemeanor eluding or felony vehicular eluding, the consequences can include periods of incarceration, substantial fines, and a criminal background. Accusations or charges of eluding law enforcement requires contacting a skilled vehicular eluding attorney right away.
What is an Eluding Charge in Denver?
C.R.S. 42-4-1413 outlines the circumstances of misdemeanor eluding throughout Colorado. A person commits this traffic crime if:
- a police officer in a marked vehicle signals someone to pull over,
- AND they attempt to elude the officer by speeding up, turning their lights off, or other behaviors
It is important to note that two important criteria for misdemeanor eluding are a clearly marked police vehicle and the gesture made by police for the driver to pull over.
C.R.S. 18-9-116.5 describes the conduct of vehicular eluding in Colorado. Someone commits this offense if they:
- know they’re being pursued by police in a vehicle,
- elude or attempt to elude the officer,
- and drive in a reckless manner
Is Eluding a Felony in Colorado?
It can be. If facing a charge of misdemeanor eluding, potential ramifications include 10 – 90 days in county jail, as well as fines of $150 – $300. However, when charges of vehicular eluding are present, penalties are higher. If the situation doesn’t involve any injuries, a class 5 felony applies. Consequences include 1 – 3 years in the Colorado Department of Corrections and also fines of $2,000 – $100,000. If the evasion results in bodily injury to another person or death, penalties are even more severe. Punishment of 2 – 24 years in prison, as well as six-figure fines can occur at sentencing in these scenarios.
Denver Vehicular Eluding Attorney
When accusations of eluding an officer occur, prompt attention and representation is especially essential. This offense is taken particularly seriously in Denver and prosecutors are known to overcharge. To combat this, hire a strategic vehicular eluding attorney from O’Malley and Sawyer, LLC to represent you and protect your future. We have decades of experience defending clients facing misdemeanor and felony charges and are also ready to aggressively pursue your best possible outcome. Perhaps you weren’t attempting to elude an officer or you didn’t drive recklessly. Nonetheless, contact our office to schedule a free consultation where our experienced attorneys will carefully analyze your specific case and suggest next steps.
If you or someone you know is facing eluding charges in Colorado, be smart. Contact the reputable criminal defense attorneys at O’Malley and Sawyer, LLC at 303-830-0880. Together, we can protect your future.
Photo Credit: Unsplash – Tobias Zils