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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 Prison

Unlawful Fleeing a Police Officer in a Motor Vehicle is a criminal offense that prohibits drivers from knowingly refusing to stop when a police officer initiates a traffic stop. This charge applies specifically to situations where a cop or another person sustains serious physical injury because of the driver's actions. Second-degree Unlawful Fleeing a Police Officer is classified as a Class E felony.

The Components of Second-Degree Unlawful Fleeing a Police Officer

For a conviction of a criminal offense, the prosecution must establish every element of the crime beyond a reasonable doubt before a judge or jury. Second-Degree Unlawful Fleeing a Police Officer in a Motor Vehicle include the following elements:

  1. The accused was aware of being directed to stop, either by a uniformed cop or a marked law enforcement vehicle;
  2. The accused tried to elude law enforcement by
    1. Exceeding the posted speed limit by more than 25 miles per hour; or
    2. Engaging in reckless driving; and
  3. The accused’s conduct resulted in another person experiencing serious physical injury.

In this scenario, reckless driving refers to operating a car in a manner that unreasonably disrupts other drivers' ability to use the road or puts other roadusers at an unreasonable risk of harm.

Examples of 2nd Degree Unlawful Fleeing a Police Officer

Instances of Second-Degree Unlawful Fleeing a Police Officer in a Motor Vehicle encompass the following:

  • A motorist hits a pedestrian while swerving in and out of traffic in an attempt to elude law enforcement; and
  • A cop 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

Frequently, prosecutors charge motorists with Second-Degree Unlawful Fleeing a Police Officer in a Motor Vehicle alongside other related charges, including:

  • 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)
Defenses to Fleeing From a Police Officer

Several defenses exist for unlawfully fleeing a police officer, such as:

  • You did not realize the officer had demanded you stop your car;
  • You were not driving more than 25 miles above the speed limit or engaging in reckless driving; and
  • Another person was driving your vehicle.
Penalties for Violating NY Penal Law § 270.30?

Second-Degree Unlawful Fleeing a Police Officer in a Motor Vehicle constitutes a Class E felony. In NY, Class E felonies can result in a maximum prison sentence of four years, up to five years of probation, and a fine of up to $5,000.

Talk About Your Case Today With a Skilled Criminal Defense Lawyer in New York.

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 serious criminal charges, helping them avoid the worst consequences of a conviction. Our team is ready speak with you right away to begin crafting a strong defense against the charges you're facing. To find out more and schedule a complimentary consultation today, please contact us at 877-377-8666 or fill out our online contact form.

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