The Offense Of Fleeing The Police In A Motor Vehicle In New York
It is crucial for you to understand your rights during a traffic stop. For example, you have the right to remain silent and the right not to consent to a search of your vehicle after getting pulled over. However, while it is crucial for you to understand that you have these and many other rights during a traffic stop, it is also vital that you follow the instructions of an officer conducting a traffic stop to avoid making the situation worse. Following an officer’s instructions includes avoiding fleeing in your motor vehicle after being stopped. Fleeing after being ordered to stop by the police is against the law. Read on to learn more about the crime of fleeing the police using a motor vehicle.
The Criminal Offense of Fleeing the Police using a Motor Vehicle
New York law requires that you must stop if the police order you to stop. If you flee in your motor vehicle after the police order you to stop, you may be charged with one of the following offenses;
Illegally Fleeing a Police Officer in a Car in the Third Degree
According to New York Penal Law 270.25, you are guilty in the Third Degree when after being signaled by a police officer or a police vehicle by the lights and sirens of the vehicle to stop your car, you attempt to flee by;
- driving at speeds 25mph or more over the speed limit; or
- driving recklessly.
According to New York law, reckless driving involves driving a vehicle in a manner that;
- with no reason interferes with the use of the public highway; or
- with no reason endangers users of the public highway.
This offense is a class A misdemeanor.
Illegally Fleeing a Police Officer in a Car in the Second Degree
According to New York Penal Law 270.30, you are guilty in the Second Degree when after being stopped by a police officer or police vehicle you attempt to flee by;
- driving at speeds 25mph or more over the speed limit; or
- driving recklessly,
and as a result of such conduct, you cause serious physical injury to an officer or any other person.
This offense is a class E felony.
Illegally Fleeing the Police Officer in a Car in the First Degree
According to New York Penal Law 270.35, you are guilty in the First Degree when you attempt to flee after being stopped, and as a result, cause the death of a police officer or third person.
This offense is a class D felony.
It is vital to note that, in a case where a police officer or a third party is injured or killed, the injured individual or the family of the individual who was injured or killed may file a separate civil suit.
Contact an NYC Criminal Defense Attorney
If you are being charged with fleeing a police officer in a motor vehicle in New York City or anywhere in New York, our experienced NYC criminal defense attorney, Mark I. Cohen, can help. Call 212-732-0002 to schedule a consultation and discuss your case.
Resource:
mirandarights.org/righttoremainsilent.html
