What is the Difference Between Vehicular Eluding and Reckless Driving in Weld County?

Whether you are facing Vehicular Eluding and Reckless Driving or another traffic crime in Greeley contact the O’Malley Law Office at 970-616-6009.

In Weld County, if you have been charged with either Vehicular Eluding or Reckless Driving, you will need Greeley’s leading criminal defense lawyers to defend your case. Understanding the charges against you is important, especially when traffic and criminal charges can leave you without a driver’s license and sitting in the Weld County Jail.  To answer your questions on Vehicular Eluding and Reckless Driving read more below or call the O’Malley Law Office.

What is the Definition of Reckless Driving, C.R.S. 42-4-1401, in Greeley, Colorado?

In Greeley, Reckless Driving is defined at C.R.S. 42-4-1401, as:

A person who drives a motor vehicle, bicycle, electrical assisted bicycle, or low-power scooter in such a manner as to indicate either a wanton or a willful disregard for the safety of persons or property is guilty of reckless driving.

Yes, as nutty as it sounds, even bicycles are included in this crime. People in Colorado’s legislature must have had a slow day in office.

What is the Definition of Vehicular Eluding, C.R.S. 18-9-116.5, in Weld County?

In Weld County, the definition of Vehicular Eluding, C.R.S. 18-9-116.5, is:

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.

It is important to note that you can be charged with Reckless Driving without being charged with Vehicular Eluding. However, to be charged with Vehicular Eluding, you must do so in a “reckless manner”.

Eluding a Police Officer in Greeley – is Different

This charge should not be confused with Eluding a Police Officer, C.R.S. 18-9-116.5.  Eluding a Police Officer involves trying to escape the presence of an officer in a marked police car, and the manner of eluding does not need to be reckless. You can learn more about Eluding a Police Officer here.

Penalties and Sentence for Reckless Driving in Greeley, Colorado

Reckless Driving in Greeley, Colorado, is a class 2 misdemeanor traffic offense, with 8 points against your driver’s license. For younger drivers, this could result in a loss of their driving license alone.  In addition, the first time a person is convicted of a Reckless Driving charge, the penalties include 10 and 90 days in the Weld County Jail and up to $300 in fines. Subsequent convictions for Reckless Driving carry penalties of up to 6 months in jail and up to $1,000 in fines. This sentence is not as severe as the one for Vehicular Eluding, but is still serious and requires an experienced lawyer at your side.

In Weld County What are the Penalties and Sentence for Vehicular Eluding?

In Weld County, Vehicular Eluding is a class 5 felony with penalties of 1-3 years in the Colorado Department of Corrections and a fine of $2,000-$100,000. If the case involves bodily injury. the sentence is a class 4 felony, and the penalties can be 2-6 years in the CDC (DOC) and a fine $4,000-$500,000. If the incident caused a death, then the sentence would be a class 3 felony, and the penalties are 4-12 years in the Colorado Department of Corrections and a fine of $6,000 to $750,000.

Whether you are facing Reckless Driving, Vehicular Eluding or both charges in your case, you will need Greeley’s top lawyers to fight for the best possible outcome in your case and fight for your rights.

Be smart, exercise your right to remain silent, and do not talk to the Greeley Police when they come knocking on your car window.  These officer do not have your best interests in mind. Contact the best criminal defense attorneys from the O’Malley Law Office at 970-616-6009. Together, we can protect your future.

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