N.J.S.A. 2C:29-2 Eluding
Have you or someone you loved been charged with Eluding police? Contact the lawyers at LS&P Lawyers for a free consultation to discuss your case!
Eluding charges are actually quite common. Contrary to what is depicted on TV as high speed car chases, eluding charges can arise out of a misunderstanding, mistake or momentary lapse in judgment. Most commonly, an eluding charge arises out of a situation in which a police officer turns on his lights and sirens to pull an individual over but that individual does not immediately stop. Simply put, if an officer signals for you to pull over you must do so, otherwise you’re eluding. However, in reality, sometimes when those lights and sirens go on people panic and become confused and scared.If you were charged with eluding the police please contact us to speak with an experienced defense attorney immediately. The penalties for an eluding charge can be severe. Even a third degree charge carries the potential for 3-5 years in prison.
If while eluding, it is deemed that you have put another person at risk of injury or death then it will become a second degree charge with a presumption of incarceration between 5-10 years.
With the potential for a significant prison sentence, it is of upmost importance that a second degree charge of Eluding be reduced, if possible. In addition to the possibility of incarceration, a conviction may result in a loss of driving privileges, fines, fees and a criminal record. Having an experienced attorney that understands the law and procedure is crucial. At LS&P Lawyers our attorneys have nearly four decades of experience and knowledge. Our founding partner is a former prosecutor who understands the approach and tactics the state may take in prosecuting you. Call us anytime day or night to schedule a free initial consultation to discuss your case.
For your convenience, we have provided the statute, in pertinent part, below.
N.J.S.A. 2C:29-2 provides:
a. (1) Except as provided in paragraph (3), a person is guilty of a disorderly persons offense if he purposely prevents or attempts to prevent a law enforcement officer from effecting an arrest. (2) Except as provided in paragraph (3), a person is guilty of a crime of the fourth degree if he, by flight, purposely prevents or attempts to prevent a law enforcement officer from effecting an arrest. (3) An offense under paragraph (1) or (2) of subsection a. is a crime of the third degree if the person:
b. Any person, while operating a motor vehicle on any street or highway in this State or any vessel, as defined pursuant to section 2 of P.L.1995, c . 401 (C.12:7-71), on the waters of this State, 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 of the third degree; except that, a person is guilty of a crime of the second degree if the flight or attempt to elude creates a risk of death or injury to any person. For purposes of this subsection, there shall be a permissive inference that the flight or attempt to elude creates a risk of death or injury to any person if the person’s conduct involves a violation of chapter 4 of Title 39 or chapter 7 of Title 12 of the Revised Statutes. In addition to the penalty prescribed under this subsection or any other section of law, the court shall order the suspension of that person’s driver’s license, or privilege to operate a vessel, whichever is appropriate, for a period of not less than six months or more than two years.