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Helpful Traffic Offense Resources

Vehicular Eluding Statute 18-9-116.5

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Statute 18-9-116.5 breaks down in the following way:

  • (1) 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.
  • (2) (a) 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.
  • (b) Notwithstanding section 18-1.3-401, the minimum sentence within the presumptive range for a violation of this section shall be increased as follows:
  • (I) For a class 5 felony, the minimum fine shall be two thousand dollars;
  • (II) For a class 4 felony, the minimum fine shall be four thousand dollars; and
  • (III) For a class 3 felony, the minimum fine shall be six thousand dollars.

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 § 42-4-1401.

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