Vehicular Eluding, when committed in El Paso, Denver, or Douglas county, or across Colorado, is a costly crime. C.R.S. 18-9-116.5 characterizes 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.” No distinction is made in this statute between fleeing from an officer in the city of Littleton or a highway patrol officer for the state of Colorado.
The Sentence for Vehicular Eluding
Vehicular Eluding ranges from a class 5 felony to a class 3 felony. In the case that an injury was sustained during the crime, the offender can expect to be charged with Vehicular Homicide, C.R.S. 18-3-106 or Vehicular Assault, C.R.S. 18-3-205. And despite whether or not any injury occurred, charges of Reckless Driving, C.R.S. 42-4-1401, usually come with a charge for Vehicular Eluding.
Class 5 Felony:
Charged when no one is injured or killed during the event.
Class 4 Felony:
Vehicular Eluding which results in the injury of another person.
Class 3 Felony:
Vehicular Eluding which results in the death of another person.
Raised Fines for Vehicular Eluding
Our lawmakers in Colorado see Vehicular Eluding as a threat to the well-being of communities in Jefferson, Adams, and Arapahoe County. They consider this crime so serious that it has been distinguished as a felony. In addition, the minimum penalty imposed is a fine that is doubled with each class. For example, if you are charged with a Class 5 felony, the minimal fine is typically $1,000. However, if you are charged with a Class 5 felony for Vehicular Eluding, the minimal fine is $2,000. Usually the minimal fine for a class 4 felony is $2,000 while a Class 3 felony results in a $3,000 fine. However, the Class 4 and Class 3 fines for Vehicular Eluding result in $4,000 and $6,000 minimal fines, respectively. Finally, vehicles involved in eluding are subject to forfeiture under Colorado’s Public Nuisance law – C.R.S. 16-13-303 (1) (j).
Why You Need a Vehicular Eluding Lawyer for Vehicular Eluding Charges
Defenses do exist for charges of Vehicular Eluding, and a Vehicular Eluding lawyer at the O’Malley Law Office P.C., have many years of practice defending those accused of this offense and other traffic crimes. If you or someone you know has been accused of Vehicular Eluding, it is crucial that you seek the advice of an experienced defense attorney. We know that a family emergency or the fear of being chased by a police impersonator can result in an unfair charge of this felony in Centennial or Aurora. Don’t put your future in the hands of an inexperienced public defender. Instead, hire a passionate Vehicular Eluding lawyer who will be your advocate in court and fight to win.
Colorado Vehicular Eluding Statute – 18-9-116.5
“A ny 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.”