New York Penal Law § 270.25 – Unlawful Fleeing a Police Officer in a Motor Vehicle in the Third Degree
Unlawful Fleeing a Police Officer in a Motor Vehicle in the Third Degree is a crime prohibiting drivers from knowingly failing to pull over when a police officer initiates a traffic stop. Fleeing police in the third degree is a Class A misdemeanor.
The Elements of Unlawful Fleeing a Police Officer in a Motor Vehicle in the Third DegreeBefore a judge or jury can convict anyone of a crime, the government must prove each element of the offense beyond a reasonable doubt. The elements of Unlawful Fleeing a Police Officer in a Motor Vehicle in the Third Degree are:
- The defendant knew that they were directed to stop, either by a uniformed police officer or a marked police car;
- The defendant attempted to flee police by either,
- Driving more than 25 miles per hour over the posted speed limit; or
- Engaging in reckless driving.
In this context, reckless driving is defined as driving in a way that unreasonably interferes with the others’ use of the road or places others on the road at an unreasonable risk of harm.
Examples of Unlawful Fleeing a Police Officer in a Motor Vehicle in the Third DegreeExamples of Unlawful Fleeing a Police Officer in a Motor Vehicle in the Third Degree include the following:
- A motorist darts in and out of traffic after noticing the blue and red lights of a police cruiser in their read-view mirror; or
- A motorist quickly drives around a uniformed police officer who, while on foot, tries to stop the driver for a traffic violation.
Often, prosecutors charge drivers with Unlawful Fleeing a Police Officer in a Motor Vehicle in the Third Degree along with other similar charges, some of which include:
- Unlawful Fleeing a Police Officer in a Motor Vehicle in the Second Degree: N.Y. Penal Code § 270.30
- Unlawful Fleeing a Police Officer in a Motor Vehicle in the First Degree: N.Y. Penal Code § 270.35
- Driving While Ability Impaired by Alcohol: N.Y. Vehicle & Traffic Law § 1192(1)
- Driving While Intoxicated: N.Y. Vehicle & Traffic Law § 1192(3)
- Driving While Ability Impaired by Drugs: N.Y. Vehicle & Traffic Law § 1192(4)
- Reckless Driving: N.Y. Vehicle & Traffic Law § 1212
- Leaving the Scene of an Accident Without Reporting: N.Y. Vehicle & Traffic Law § 600
- Unlicensed Operation of a Motor Vehicle: N.Y. Vehicle & Traffic Law § 509
- Aggravated Unlicensed Operation of a Motor Vehicle in the First Degree: N.Y. Vehicle & Traffic Law § 511
There are several defenses to unlawfully fleeing a police officer that can either reduce your sentencing exposure or result in the prosecution withdrawing the case against you or the jury returning a “not guilty” verdict. The following could be complete or partial defenses to fleeing police:
- You didn’t realize the officer wanted you to stop;
- While you were evading police, you were not driving recklessly or more than 25 miles per hour over the speed limit;
- Someone else was driving your vehicle; and
- You were justified in driving fast, for example, because you were taking someone to the hospital.
Unlawful Fleeing a Police Officer in a Motor Vehicle in the Third Degree is a Class A misdemeanor. In New York, Class A misdemeanors carry a maximum sentence of up to one year in jail, a probationary sentence of up to three years, and a fine of up to $1,000.
Speak With an Experienced New York Traffic Lawyer to Discuss Your DefenseIf you’ve been charged with fleeing police in a motor vehicle, it is important that you familiarize yourself with what you’re facing before deciding how to proceed with your case. For example, you may have a defense that could spare you a criminal conviction on your record. At the law firm of Tilem & Associates, P.C., our dedicated New York traffic violations attorneys have decades of experience helping to keep our clients out of jail and on the road, and we look forward to discussing how we can help in your case. We are immediately available to meet with you to get started working on a compelling defense to the charges you face. To learn more, and to schedule a free consultation today, call 877-377-8666. You can also reach us through our online contact form.