Eluding in New Jersey means fleeing or avoiding law enforcement while driving a vehicle after the officer has clearly signaled for you to pull over. It is a serious offense, and understanding the legal implications and consequences is crucial. A conviction can result in severe penalties that can have a lasting impact.
A skilled Rosenblum Law criminal defense attorney can protect your rights and interests, help avoid or minimize the consequences of a conviction, and ensure the best possible outcome for your case. Contact us today if you have been accused of eluding, and read this article to learn more about the charge.
What Constitutes Eluding?
Under N.J.S.A. 2C:29-2, eluding is the act of intentionally refusing to stop for, or attempting to flee, law enforcement while operating a motor vehicle. The charge increases in severity based on the circumstances.
- Eluding as a Disorderly Persons Offense: Purposely preventing or attempting to prevent a law enforcement officer from making an arrest.
- Fourth-degree Eluding: Committing a disorderly persons offense while eluding by fleeing.
- Third-degree Eluding: Using or threatening to use physical force or violence against a law enforcement officer or someone else, or otherwise creating a substantial risk of physically injuring someone.
- Second-degree Eluding: Eluding in such a way so as to create a risk of death or injury to any person.
Consequences of Eluding Charges
The consequences of eluding depend on the severity of the offense.
Disorderly Persons Offense:
- Up to six months in prison
- A fine of $1,000
- Drivers license suspension of up to six months
Fourth-Degree Conviction:
- Up to 18 months in prison
- A fine of $10,00
- Driver’s license suspension of up to six months
Third-Degree Conviction:
- 3-5 years in prison
- A fine of $15,000
- Driver’s license suspension of up to one year
Second-Degree Conviction:
- 5-10 years in prison
- A fine of $150,000
- Driver’s license suspension of up to two years
How an Attorney Can Help Someone Accused of Eluding in New Jersey
An attorney plays a crucial role in protecting the rights and interests of someone accused of eluding. Here are some of the things they will do for their client.
Initial Consultation and Case Evaluation: An attorney will review the details of the case and identify and explain the defendant’s legal options.
Defense Strategy Development: Based on the facts of the case, an attorney will build a defense strategy that takes advantage of any weaknesses in the prosecution’s evidence.
Representation in Court: The attorney will advocate for the defendant in pretrial hearings, during the trial itself, and during sentencing if the defendant is convicted, negotiating plea deals or working to reduce the charges when appropriate.
Mitigating Consequences: If the defendant is convicted, the attorney will seek alternative sentencing options such as probation or community service, and assist with post-sentencing issues like driver’s license reinstatement.
Defenses Against Eluding Charges
Some possible defenses to eluding charges include:
- Challenging the Prosecution’s Evidence: This defense includes things like questioning whether the police had a legitimate reason for the pursuit, the pursuit procedures were followed correctly, and the evidence, such as dashcam footage or witness testimonies, accurately reflects the charge.
- Mistaken Identity: This defense involves arguing that the defendant was not the person involved in the alleged eluding incident. This can mean demonstrating that another individual was responsible for the actions in question or that the police misidentified the defendant as the perpetrator.
- Lack of Intent: This defense aims to show that the defendant did not intentionally evade the police. For example, the defendant might not have seen the police officer's signal to stop due to obstructed visibility, distraction, or other circumstances. The defendant’s attorney would argue that any eluding was accidental and not a deliberate act to evade law enforcement.
- Improper Police Conduct: This defense focuses on any unlawful or inappropriate actions taken by the police during the pursuit or arrest. It might include violations of the defendant's rights, such as an illegal stop or search, or use of excessive force. Highlighting these issues can potentially lead to the suppression of evidence or even dismissal of the charges.
Steps to Take if Accused of Eluding in New Jersey
Someone accused of eluding in New Jersey should take the following steps.
Contact an Experienced Lawyer. A lawyer will strategize and prepare a defense, with the goal of obtaining the best possible outcome for their client.
Gather Evidence. Collect any evidence that supports the defense. This can include dashcam footage from the defendant's vehicle; surveillance video from nearby locations; or any communication records, such as text messages or phone logs, that corroborate the defendant's version of events.
Also identify potential witnesses, such as passengers in the defendant's vehicle, bystanders, or individuals in nearby vehicles. Gathering contact information and statements from these witnesses early on can be essential for building a strong defense.
Understand the Legal Process: Become familiar with the stages of a criminal case in New Jersey, including arrest, arraignment, plea negotiations, pre-trial motions, and trial, to better navigate the legal proceedings and make informed decisions.
FAQs
What is considered eluding in New Jersey?
The most basic offense considered eluding is attempting to flee law enforcement after they have clearly signaled for the driver to pull over. Additional offenses or complications during the act of eluding, such as causing injury to others, will result in more severe charges.
What are the penalties for eluding charges?
A conviction for eluding can lead to significant consequences, including fines, a criminal record, and license suspension. It can also impact your future employment prospects and professional licensing opportunities.
Can an eluding charge be reduced or dismissed?
Depending on the circumstances, an attorney might be able to get the charge reduced or dismissed entirely – for example, if there is insufficient evidence to support the charge, or if law enforcement made procedural errors during the arrest or investigation.
How long will my driver’s license be suspended if convicted?
Depending on the severity of the charge, your license could be suspended from six months to two years.
How does eluding impact my criminal record and future opportunities?
Eluding is a criminal charge and will therefore appear on any background checks that access criminal records. This means that any future employers who run a background check will see the conviction. Additionally, some professional licenses and certifications are barred for people with certain criminal charges on their record.
Contact Rosenblum Law Today
Defending against an eluding charge is much easier with a seasoned traffic ticket attorney's expertise. If you’ve been accused of eluding, one of our criminal defense lawyers can help you gather evidence, complete and file the necessary documents, and provide representation in court.
At Rosenblum Law, we have decades of experience representing criminal defendants, including those accused of eluding. Contact us today for your free consultation.
