Vehicular Eluding or Eluding a Police Officer in Weld County

While a high-speed chase may seem exciting on TV, it is actually a serious crime in Colorado called Vehicular Eluding. Whether you are running away from the Greeley Police or a Colorado State Highway Patrol officer, anytime a person attempts to flee from a police officer pursuing them in a vehicle, Vehicular Eluding or Eluding a Police Officer may be charged.

Definitions of Vehicular Eluding and Eluding a Police Officer

There are two statutes which address Eluding: Vehicular Eluding and Eluding or Attempting to Elude a Police Officer.

Vehicular Eluding

Under Colorado Criminal Code, the law defines C.R.S. 18-9-116.5 – Vehicular Eluding as:

Any person who, while operating a motor vehicle, knowingly eludes or attempts to elude a peace officer also operating a motor vehicle, and who knows or reasonably should know that he or she is being pursued by said peace officer, and who operates his or her vehicle in a reckless manner, commits vehicular eluding.

Eluding or Attempting to Elude a Police Officer

The similar Colorado Vehicle and Traffic Code charge of Eluding or Attempting to Elude a Police Officer – C.R.S. 42-4-1413 – is defined as:

Any operator of a motor vehicle who the officer has reasonable grounds to believe has violated a state law or municipal ordinance, who has received a visual or audible signal such as a red light or a siren from a police officer driving a marked vehicle showing the same to be an official police, sheriff, or Colorado State Patrol car directing the operator to bring the operator’s vehicle to a stop, and who willfully increases his or her speed or extinguishes his or her lights in an attempt to elude such police officer, or willfully attempts in any other manner to elude the police officer, or does elude such police officer commits a class 2 misdemeanor traffic offense.

The difference between the two is Vehicular Eluding is a felony criminal offense, while Eluding or Attempting to Elude a Police Officer is a traffic offense, which means the punishments are very different as well. Also, Vehicular Eluding can only be charged when a person uses a motor vehicle to flee from police. Eluding a Police Officer can be charged when a person uses a vehicle or, after exiting a vehicle, uses ‘any other manner,’ including running away on foot, to escape from the police. Vehicular Eluding is charged when a person operates a motor vehicle in a reckless manner during the eluding. Eluding a Police Officer does not have that requirement.

What is the Sentence / Punishment for Eluding?

In Greeley, Evans and Erie, Vehicular Eluding can be charged as a class 5, class 4, or class 3 felony, depending on whether or not an injury or death occurred because of the eluding:

  • Class 5 Felony
    • No one is injured or killed during the event
    • 1-3 years in the Department of Corrections
    • $2,000-$100,000 in fines
  • Class 4 Felony
    • Someone is injured during the event
    • 2-6 years in DOC
    • $4,000-$500,000 in fines
  • Class 3 Felony
    • Someone is killed during the event
    • 4-12 years in DOC
    • $6,000-$750,000 in fines

For Vehicular Eluding, Colorado law has doubled the minimum fine associated with each felony class. Usually, a class 5 felony carries a minimum $1,000 fine, but for Vehicular Eluding in Greeley, the minimum fine is doubled to $2,000. In addition, people convicted of Vehicular Eluding in Weld County can permanently lose their car.

Eluding or Attempting to Elude a Police Officer

As a class 2 misdemeanor traffic offense, this crime is punishable with:

Multiple Charges Associated with Vehicular Eluding

If there are injuries sustained during the Vehicular Eluding event, Vehicular Assault will also be charged. The added charge of Vehicular Homicide applies if any deaths occurred during the chase. In most cases, regardless of injuries, Reckless Driving will be charged as well in Morgan and Logan County.

Why You Need a Vehicular Eluding Lawyer

There are viable defenses for Vehicular Eluding and Eluding or Attempting to Elude Police Officer. We have over 40 years combined experience defending good people like you against the harsh punishments the government wants to impose. We understand the panic that can arise when you are being pursued by the police. You can be set free from these charges if you involve an experienced criminal defense lawyer early, and don’t give any statements to the police.

CHARGED WITH VEHICULAR ELUDING OR ELUDING A POLICE OFFICER IN GREELEY OR WELD COUNTY?

Be smart, exercise your right to remain silent, and call the experienced defense attorneys at the O’Malley Law Office.

Call 970-616-6009 or fill out the Get Help Now form to meet with an experienced criminal defense lawyer in Weld County and the Greeley area for a free consultation. 

Together, we can protect your future.

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