Top 100 Trial Lawyers
BBB
Top 40 Under 40
AV Preeminent
The National Trial Lawyers
Top Once Percent
USCCA
LawyerCentral.com
AVVO
AVVO
USCCA
Badge
Best DWI Attorney 2017
10 Best Law Firm
Expertise

New York Penal Law § 270.25 – Unlawful Fleeing a Police Officer in a Motor Vehicle in the Third Degree

Experienced New York Criminal Defense Attorneys Defending Clients Charged With Serious Traffic Violations and Crimes

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 Degree

Before 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:

  1. The defendant knew that they were directed to stop, either by a uniformed police officer or a marked police car;
  2. The defendant attempted to flee police by either,
    1. Driving more than 25 miles per hour over the posted speed limit; or
    2. 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 Degree

Examples 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.
Related Offenses to NY Penal Law § 270.25

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
What Are the Defenses to Unlawful Fleeing a Police Officer in a Motor Vehicle in the Third Degree?

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.
What Are the Penalties for Violating NY Penal Law § 270.25?

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 Defense

If 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.

Client Reviews
★★★★★
"Thank you again for discussing my case with today. I can not stress enough how impressed I am with your services as an attorney. You have gone above and beyond the call of duty to attempt to help me. Thank you again and best wishes." Rob
★★★★★
"I am writing to send you my heartfelt thanks for your work on my father’s case. You are a wonderful attorney. I was very impressed by you from our first meeting. I am so grateful we were referred to you." Joanna
★★★★★
"I wanted to first say thank you for everything you have done for me in the last several months. You made this very difficult ordeal in my life less stressful and easier to bear. I am grateful for having you as my attorney and I truly feel that you helped me above my expectations. I appreciate everything." W.S.