Unlawful Fleeing A Police Officer In A Motor Vehicle In The Third Degree: NY Penal Law § 270.25

by ECL Writer
Unlawful Fleeing A Police Officer In A Motor Vehicle In The Third Degree

Police pursuits at high speeds can be quite dangerous. A suspect, other drivers, pedestrians, and police officers are all at risk of suffering serious injuries when a suspect decides to flee in a car and travel faster than the speed limit. According to the law, you are required to stop if the police ask you to. If you chose to run away, you would have broken the law. Three crimes are connected to eluding a police officer while driving a car. Third-degree unlawful vehicular eluding of a police officer is the least serious.

If after a police officer commands you to stop using the lights or siren, you attempt to flee by driving at speeds of 25 mph or more over the speed limit or by driving recklessly as defined by Section 1212 of the New York Vehicle and Traffic Law, you will be charged with unlawfully fleeing a police officer in a motor vehicle in the third degree under New York Penal Code 270.25.

Sentence

If you are found guilty of third-degree unlawful fleeing from a police officer in a car, which is a class A misdemeanor, you could spend up to a year in jail and be required to pay a fine. The judge may also order you to serve a three-year probationary period.

Example

During the early morning hours, a diligent police officer patrolling the Long Island Expressway observed a blue vehicle exceeding 83 MPH and frequently changing lanes without signaling. The officer promptly activated their lights and sirens, initiating a pursuit of the blue car. The driver, identified as Sarah, exited the highway and came to a halt at a red traffic light at the exit ramp’s end. The officer, positioned behind the vehicle, recorded its license plate number. Suddenly, Sarah accelerated while the traffic light remained red, reaching speeds of up to 92 MPH. Prioritizing safety, the officer decided to discontinue the chase. Later in the day, the officer arrested Sarah at her residence, charging her with unlawful fleeing a police officer in a motor vehicle in the third degree.

Defenses

If you didn’t know the officer was telling you to stop, you wouldn’t be charged with unlawfully fleeing a police officer in a car in the third degree. For instance, you would not have engaged in unlawful fleeing if the police had only flashed his lights to signal for you to pull over and you had not noticed them at the time. In this situation, you must stop as soon as you become aware that the police have instructed you to do so in order to avoid prosecution.

Additionally, if you had not driven carelessly or at rates that were more than 25 MPH over the speed limit, you would not have committed this felony. For instance, if you engage in a “slow speed chase” with the police, you could not be in violation of the law for escaping a police officer in a car.

New York Penal Code § 270.25: Unlawful Fleeing A Police Officer In A Motor Vehicle In The Third Degree

A person is guilty of unlawful fleeing a police officer in a motor vehicle in the third degree when, knowing that he or she has been directed to stop his or her motor vehicle by a uniformed police officer or a marked police vehicle by the activation of either the lights or the lights and siren of such vehicle, he or she thereafter attempts to flee such officer or such vehicle by driving at speeds which equal or exceed twenty-five miles per hour above the speed limit or engaging in reckless driving as defined by section twelve hundred twelve of the vehicle and traffic law.

Related Offense

Hiring A New York Lawyer For Unlawful Fleeing A Police Officer In A Motor Vehicle In The Third Degree Case

If you’re facing charges of unlawful fleeing a police officer in a motor vehicle in the third degree in New York, hiring an experienced lawyer is crucial. This offense carries serious penalties, including fines, license suspension, and potential jail time. A skilled New York lawyer will assess your case, examining evidence, witness statements, and police procedures for any legal violations or inconsistencies. They’ll work to build a strong defense, possibly challenging the legitimacy of the pursuit or arguing for reduced charges. Your lawyer will guide you through the legal process, protecting your rights and seeking the best possible outcome for your case. Don’t face these charges alone; consult a qualified attorney today.

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