Eluding Police Charge in Weld County
Man Charged with Eluding After Crash

Facing an Eluding Police Charge in Weld County? Contact the best criminal defense attorneys from the O’Malley Law Office at 970-616-6009.

In Weld County, Colorado, a person can be charged with Eluding the Police if a person does not stop or tries to evade a police officer trying to signal them to stop. It is common that in a misdemeanor traffic offense, like Eluding, a defendant will sometimes not feel the need to hire a criminal defense lawyer. However, these offenses can carry large fines and time in jail. Consequences can have an affect on your ability to work and your financial situation. A man in Colorado Springs found himself facing an Eluding charge after he caused an accident. He was apparently bring pulled over for speeding and instead of stopping he sped up and crashed while taking the off ramp. The lawyers at the O’Malley Law Office have many years of experienced defending against these crimes and know it is important to have experienced counsel for the best outcome in your Eluding Police Charge in Weld County. Below our lawyers discuss Eluding and why it is important to hire skilled lawyers to defend you.

Greeley, Colorado Definition of Eluding or Attempting to Elude a Police Officer, C.R.S. 42-4-1413

In Greeley, the definition of Eluding or Attempting to Elude a Police Officer, C.R.S. 42-4-1413, is:

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 attempt to Elude a Greeley Police Officer can be charged just the same as if a person successfully Eludes police. This makes it easy for the Greeley Police to charge this crime in addition to a normal traffic crime, because the success of evading police is irrelevant to the charge.

What is the Difference Between Eluding / Attempting to Elude Police and Vehicular Eluding, C.R.S. 18-9-116.5, in Weld County?

Vehicular Eluding is a more severe felony criminal charge than simple Eluding. Vehicular Eluding is when the driver is recklessly driving to evade police and it becomes a Class 5 felony charge in most cases, and up to 3 years in prison is possible.  If someone is injured in the incident, it becomes a class 4 felony.  If someone dies in your Vehicular Eluding, it becomes a class 3 felony. In the story above, the man would have to have been driving twice the speed limit, or against traffic, or off road, or weaving in and out of traffic to be charged with the more severe crime of Vehicular Eluding. A lot would qualify as “recklessly” to support the felony version of Eluding.  As stated above, Attempting or Eluding Police is just the act of not stopping or pulling over. If the driver operates their vehicle in a Reckless manner, then it is Vehicular Eluding.

The Definition of Recklessly for Vehicular Eluding in Greeley Courts

For the crime of Vehicular Eluding, the definition of Recklessly is:

A person acts recklessly when he consciously disregards a substantial and unjustifiable risk that a result will occur or that a circumstance exists.

This is a fact specific definition, where the driver’s conduct will be evaluated against this definition.  It is the jury’s decision whether the driver’s acts meet this definition and the definition of Vehicular Eluding.

The Greeley, Colorado, Penalties and Sentence for Eluding or Attempting to Elude a Police Officer?

The sentence in Greeley, for Eluding or Attempting to Elude a Police Officer, is a class 2 misdemeanor traffic offense. The penalties for a conviction could be $150 -$300 in fines, 10-90 days in Weld County Jail and it is permanently on your record. Hiring the Leading Weld County Defense Lawyer for an Eluding a Police Officer

Our top Weld County Eluding attorneys from the O’Malley Law Office will learn the details of your case and possibly get the charges dismissed. There are defenses your defense attorney can present the DA and Court, such as you did try to pull over, but it just took you some time to safely do so or you did not realize the police were signaling you to pull over. Having a criminal defense attorney fight for you and your future is important and why you need to hire the best.  As always, you can help yourself by not answering questions of police.  It is your 5th Amendment right to remain silent – so use it.

If you or someone you love are facing an Eluding Police Charge in Weld County, be smart, exercise your right to remain silent, the Greeley Police are not there to help you. Contact the best criminal defense attorneys from the O’Malley Law Office at 970-616-6009 today. Together, we can protect your future.

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