Fleeing from Police
By DWI Attorney Ramy Louis
In New York, it is a crime for motorists to flee from a police officer. The level of what you could be charged with rises with the seriousness of the harm that results from not stopping for the police.
New York Penal Law Section 270.25 states: "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 [25 MPH] above speed limit or engaging in reckless driving as defined by Vehicle and Traffic Law Section 1212."
Unlawful fleeing a police officer in a motor vehicle in the third degree under Penal Law Section 270.25 is a Class A misdemeanor.
Where serious physical injury results from feeling from a police officer, New York Penal Law Section 270.30 states:
"A person is guilty of unlawful fleeing a police officer in a motor vehicle in the second degree where he or she commits the offense of Unlawful Fleeing a Police Officer in the Third Degree, as defined in Penal Law Section 270.25, and as a result of such conduct a police officer or a third party suffers serious physical injury."
Unlawful fleeing a police officer in a motor vehicle in the second degree under Penal Law Section 270.30 is a Class E felony.
Where death results from feeling from a police officer, New York Penal Law Section 270.35 states:
"A person is guilty of unlawful fleeing a police officer in a motor vehicle in the first degree where he or she commits the offense of Unlawful Fleeing a Police Officer in the Third Degree, as defined in Penal Law Section 270.25, and as a result of such conduct a police officer or a third party is killed"
Unlawful fleeing a police officer in a motor vehicle in the first degree under Penal Law Section 270.35 is a Class D felony.
Even if you aren't charged with an additional crime or cimes, fleeing from the police can cause the District Attorney to take a harsher position on your case or could affect whether the judge issues bail at your criminal court arraignment.
An unlawful fleeing from a police officer charge can have dire consequences including jail time and/or a permanent criminal record. Contact us for a case evualuation if you are facing an unlawful fleeing from a police officer charge in New York City or Long Island.