Monmouth County NJ Eluding Defense Lawyers
An attempt to elude a police officer is a serious offense in New Jersey. Under N.J.S.A. 2C:29-2(b), a driver who attempts to elude a police officer is guilty of a crime of the third degree. This is an indictable criminal offense which includes penalties of one (1) to five (5) years in prison and a permanent criminal record. If the flight or attempt to elude creates a risk of death or injury to another it becomes a second degree offense which includes five (5) to ten (10) years in prison and a permanent criminal record. Further, an eluding charge also results in a suspension of your New Jersey Driver's License for a period of six (6) months to two (2) years. As a result, if you have been charged with eluding in New Jersey, it is essential that you hire an experienced criminal defense attorney to combat these charges.
New Jersey Eluding Law: N.J.S.A. 2C:29-2(b)
N.J.S.A. 2C:29-2(b) governs eluding charges in New Jersey and provides in pertinent part:
§ 2C:29-2. Resisting arrest, eluding officer
b. Any person, while operating a motor vehicle on any street or highway in this State or any vessel, as defined pursuant to section 2 of P.L. 1995, c. 401, on the waters of this State, who knowingly flees or attempts to elude any police or law enforcement officer after having received any signal from such officer to bring the vehicle or vessel to a full stop commits a crime of the third degree; except that, a person is guilty of a crime of the second degree if the flight or attempt to elude creates a risk of death or injury to any person. For purposes of this subsection, there shall be a permissive inference that the flight or attempt to elude creates a risk of death or injury to any person if the person's conduct involves a violation of chapter 4 of Title 39 or chapter 7 of Title 12 of the Revised Statutes. In addition to the penalty prescribed under this subsection or any other section of law, the court shall order the suspension of that person's driver's license, or privilege to operate a vessel, whichever is appropriate, for a period of not less than six months or more than two years.
Penalties for an Eluding Charge in New Jersey
As the above statute clearly enumerates, the penalties for an eluding violation in New Jersey are substantial. A third degree offense results in a permanent criminal record. However, there is not a presumption of incarceration for a third degree charge. A second degree offense also results in a permanent criminal record and carries a presumption of incarceration in New Jersey. Therefore, an eluding charge can result in jail time even for first time offenders. Further, the license suspension of six (6) months to two (2) years can also have a significant impact on your life. The experienced criminal defense and DWI lawyers handle criminal and traffic offenses throughout NJ including reckless driving, leaving the scene of an accident, and marijuana possession. Our attorneys are available immediately to provide a free initial consultation regarding your eluding charges.
