Vail Attorney for Eluding A Police Officer

eluding policeIf you’ve received a charge for eluding an officer of the law in Eagle County, here are the steps you must take to resolve your charges:

  1. Get In Contact With An Eluding An Officer Traffic Offense Attorney Immediately. If you have been charged with eluding an officer of the law, you will need to get into contact with an experienced eluding an officer traffic offense attorney as soon as possible. You’ll need legal representation to help you figure out how best to proceed with resolving your case. Your lawyer will need to discuss your account of what happened and will need to investigate the facts of your case. This will include reviewing the police report, witness statements and any other evidence that is available in your case.
  2. Explore Your Possible Defenses. Defenses to an eluding an officer traffic offense are fact dependent. A surprising number of eluding an officer cases turn on whether the officer’s vehicle clearly bore the insignia of a police force, the officer’s signal was sufficiently visible and the siren was loud enough, or whether the officer was in full uniform. It must also be shown that you had the specific intent to elude the officer. If you were distracted while driving, or were under the influence of drugs or alcohol to such an extent that you couldn’t form the requisite intent, you have a defense to the charge of eluding an officer as you did not knowingly, or purposely elude the officer. Your lawyer will be able to identify what defenses you may have available to you based on the facts of your specific case.
  3. Build Your Case and Fight For Your Rights. Eluding an officer is a relatively minor traffic offense as far as traffic offenses and traffic crimes go in Colorado, but it is still a serious crime, and if you are convicted, the conviction can wreck havoc on your life. You could face jail time, fines and even the loss of your driver’s license. You need to fight your charges and protect yourself for the potential legal consequences of an eluding an officer traffic offense conviction. Your lawyer will be able to help you build a strong defense.

If you’re from outside of Eagle County, you likely don’t have the time or energy to deal with this. Call us, and we’ll deal with it for you.

An Overview of Colorado Eluding Police Laws

In Colorado, when a driver commits a traffic law violation, and a police officer makes an attempt to pull the offending driver over, if the driver knowingly does not comply and pull over and stop the vehicle after the officer has signaled or alerted the driver to pull over, it can be considered eluding a police officer. For instance, if the officer turns on his or her lights, and follows a vehicle that he or she suspects or witnessed break the law, if the driver begins to speed away or take evasive action to try and get away the driver’s actions would be illegal.  Eluding a police officer can include fleeing in a vehicle or stopping the vehicle and exiting so as to flee on foot.

The police officer must be in uniform, and in a marked police vehicle, such as a local, county, or state patrol vehicle. This could be a squad car, a motorcycle, or a marked bicycle. The officer must turn on his or her lights, and must also use the vehicle’s siren.

In order to be convicted for eluding an officer, the prosecution will have to show that the driver knew or should have known that the officer was in pursuit and yet the driver willfully fled or made an attempt to elude the officer in any manner.

If a driver operates his or her vehicle in a reckless manner, i.e., without regard for the safety of others, while eluding a police officer, the crime is considered to be much more serious and is upgraded to vehicular eluding. Vehicular eluding is dangerous for the public welfare, and is a felony criminal offense.

Potential Consequences for Eluding a Police Officer in Colorado

Eluding a police officer is a class 2 misdemeanor traffic offense, with the potential for ten to ninety days in jail, and a fine of between $150-$300 dollars, in addition to court costs. Conviction of and eluding an officer traffic offense will result in 12 points being added to your driver’s license by the Colorado DMV. If you already have some points on your license, the points you accumulate as a result of an eluding an officer conviction can put you over the limit, and your driver’s license will be revoked.

If the crime is upgraded to vehicular eluding because of reckless driving, if convicted it is:

 

Don’t wait. We can help you get your eluding an officer charges resolved so your can get back to what matters.

 
If you’re from outside of Eagle County, you likely don’t have the time or energy to deal with this. Call us, and we’ll deal with it for you.