Vehicular Eluding in Colorado - C.R.S. § 18-9-116.5
What Is Vehicular Eluding & How Is It Defined Under the Law?
If you notice that a police officer is pursuing you while you're driving your car, it is your responsibility to pull over as soon as possible. Failure to do so could result in you being charged with the crime of vehicular eluding.
According to C.R.S. § 18-9-116.5, any person who, while driving, 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.
Vehicular eluding is a class 5 felony; except that vehicular eluding that results in bodily injury to another person is a class 4 felony and vehicular eluding that results in death to another person is a class 3 felony.
There are some instances in which vehicular eluding is considered a misdemeanor rather than a felony. For example, if you didn't pose a danger to anyone else or drive more than 30 mph over the speed limit, you may be charged with a misdemeanor. This typically leads to a license suspension and potentially even local jail time.
Cross references: For driving a motor vehicle with a wanton or a willful disregard for the safety of others, see reckless driving as contained in C.R.S. § 42-4-1401.
Penalties for Vehicular Eluding in Colorado
Depending on the severity of your actions, a charge of vehicular eluding may be a class 3, class 4, or class 5 felony. The class of your vehicular eluding charge will depend solely on whether this action caused any harm.
For instance, a class 5 vehicular eluding charge, in which no one was injured, will result in a minimum fine of $2,000. By comparison, class 4 charges – where a personal injury was caused by the eluding – carry minimum fines of $4,000, and class 3 charges that result in another person's death have a minimum fine of $6,000.
Vehicular eluding as a class 5 felony is punishable by:
- A minimum fine of $2,000
- One to three years in prison
- Two years of mandatory parole
Vehicular eluding as a class 4 felony is punishable by:
- A minimum fine of $4,000
- Two to six years in prison
- Three years of mandatory parole
Vehicular eluding as a class 3 felony is punishable by:
- A minimum fine of $6,000
- Four to 12 years in prison
- Five years of mandatory parole
Depending on the defense lawyer you choose, however, these fines could be lessened. That is why, should you be charged with vehicular eluding or any other driving infraction, you should know where to turn. At the Orr Law Firm, we offer experienced and aggressive defense representation for all manner of driving-related charges.
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