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New York Penal Law § 270.30 – Unlawful Fleeing a Police Officer in a Motor Vehicle in the Second Degree

Knowledgeable New York Criminal Defense Lawyers Helping Clients Charged With Serious Traffic Crimes Stay Out of Jail and on the Road

Unlawful Fleeing a Police Officer in a Motor Vehicle is a crime prohibiting drivers from knowingly failing to pull over when a police officer initiates a traffic stop. Unlawful Fleeing a Police Officer in a Motor Vehicle applies to those situations in which a police officer or other person suffers serious physical injury as a result of the driver’s actions. Fleeing police in the 2nd degree is a Class E felony.

The Elements of Unlawful Fleeing a Police Officer in a Motor Vehicle in the Second 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 Second 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
    1. Driving more than 25 miles per hour over the posted speed limit; or
    2. Engaging in reckless driving; and
  3. The defendant’s conduct resulted in another person experiencing serious physical injury.
In this context, reckless driving is defined as driving in a way that unreasonably interferes with other drivers’ 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 Second Degree

Examples of Unlawful Fleeing a Police Officer in a Motor Vehicle in the Second Degree include the following:

  • A driver hits a pedestrian while swerving in and out of traffic in an attempt to elude police; and
  • A police officer is seriously injured after getting into a motor vehicle accident while chasing a defendant who fled from a traffic stop.
Related Offenses to NY Penal Law § 270.30

Often, prosecutors charge drivers with Unlawful Fleeing a Police Officer in a Motor Vehicle in the Second Degree along with other similar charges, some of which include:

  • Unlawful Fleeing a Police Officer in a Motor Vehicle in the Third Degree: N.Y. Penal Code § 270.25
  • Unlawful Fleeing a Police Officer in a Motor Vehicle in the First Degree: N.Y. Penal Code § 270.35
  • 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
  • Reckless Driving: N.Y. Vehicle & Traffic Law § 1212
  • Leaving the Scene of an Accident Without Reporting: N.Y. Vehicle & Traffic Law § 600
  • 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)
What Are the Defenses to Eluding a Police Officer?

There are several defenses to unlawfully fleeing a police officer, including:

  • You didn’t realize the officer had demanded you stop your car;
  • You were not driving over 25 miles above the speed limit or recklessly driving; and
  • Another person was driving your vehicle.
What Are the Penalties for Violating NY Penal Law § 270.30?

Unlawful Fleeing a Police Officer in a Motor Vehicle in the Second Degree is a Class E felony. In New York, Class E felonies carry a maximum sentence of up to four years in jail, a probationary sentence of up to five years, and a fine of up to $5,000.

Discuss Your Case With an Experienced NY Criminal Defense Attorney Today

If you’ve been charged with fleeing police in the second degree, it is important that you find an experienced defense attorney who will take your case as seriously as you do. At the law firm of Tilem & Associates, P.C., we’ve assembled a dedicated team of New York traffic attorneys who aggressively defend individuals facing potentially life-changing charges, helping them avoid the worst consequences of a conviction. 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.

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