New York Penal Law § 270.35 – Unlawful Fleeing a Police Officer in a Motor Vehicle in the First Degree

Unlawful Fleeing a Police Officer in a Motor Vehicle is a New York crime prohibiting drivers from failing to pull over after a police officer directed them to stop. Unlawful Fleeing a Police Officer in a Motor Vehicle when a police officer or any other person was killed due to the motorist’s actions. Fleeing police in the 1st degree is a Class D felony.

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 First 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. Another person was killed as a result of the defendant’s actions.

Under N.Y. Vehicle & Traffic Law § 1212, reckless driving is defined as operating a vehicle 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 First Degree include the following:

• A driver causes a car accident resulting in the death of a passenger in their vehicle while recklessly driving to flee police; and
• A police officer died as a result of a traffic accident that occurred while they were pursuing a driver who sped away after the officer initiated a traffic stop.

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

• Reckless Driving: N.Y. Vehicle & Traffic Law § 1212
• Leaving the Scene of an Accident Without Reporting: N.Y. Vehicle & Traffic Law § 600
• 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 Third Degree: N.Y. Penal Code § 270.25
• 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
• 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)

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

• You didn’t realize you were being pulled over;
• You were not driving over 25 miles above the speed limit, and you were not engaged in reckless driving as defined by N.Y. Vehicle and Traffic Law § 1212; and
• Someone else was driving your vehicle at the time.

Unlawful Fleeing a Police Officer in a Motor Vehicle in the First Degree is a Class D felony. In New York, Class D felonies are punishable by a maximum sentence of up to seven years in jail, a probationary sentence of up to five years, and a fine of up to $5,000.

If you were recently arrested and charged with fleeing a police officer in the first degree, reach out to the dedicated New York criminal defense lawyers at Tilem & Associates, P.C., to schedule a free consultation. At Tilem & Associates, P.C., we have decades of experience aggressively defending the rights and futures of good people charged with potentially life-changing offenses. We provide each client with individualized attention designed to ensure the best possible outcome in their 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.