Colorado Springs Vehicular Eluding Defense Attorneys
It is easy to get nervous when you see the flashing lights of a police cruiser in your rear view, but the law is clear that all drivers must safely pull over when an officer turns on lights and siren. Failing to do so can be seen as vehicular eluding, or fleeing the police, which is a felony in Colorado. Attempting to flee the police can change your life, putting you in prison for years and forcing you to pay hefty fines.
If you or someone you love has been charged with evading the police, contact The Bussey Law Firm, P.C., as soon as possible. Our team has years of experience defending clients throughout Colorado Springs and specializes in cases involving DUIs. We can sit down with you and your family in a free, confidential consultation to explain your options. Call us today at (719) 475-2555 to begin working on your defense.
Under Colorado Revised Statute 18-9-116.5, "vehicular eluding" is the criminal act of attempting to elude law enforcement during a police pursuit. For this charge to be filed against you, it must be proven that you were aware that you were being pursued by law enforcement and operated your vehicle in a reckless manner. This offense may be filed as a class 3, 4, or 5 felony based on whether another person sustained injuries during the incident.
Colorado law states the following:
(1) Any person who, while operating a motor vehicle, knowingly eludes or attempts to elude a peace officer also operating a motor vehicle, and who knows or reasonably should know that he or she is being pursued by said peace officer, and who operates his or her vehicle in a reckless manner, commits vehicular eluding.
To prove you are guilty of the crime of vehicular eluding, the prosecutor must present several types of evidence to establish the following facts:
- You were aware that you were being pursued by the police;
- You attempted to evade the police; and
- You operated your vehicle recklessly.
Reckless driving can include several different actions, including:
- Driving while under the influence of drugs or alcohol
- Speeding well over the speed limit
- Driving against traffic
- Making sudden U-turns
- Driving off the road
- Swerving between lanes
If the prosecution convinces the jury that you committed any one of these actions while evading the police, you can be sent away to prison for years, especially if someone suffered an injury.
Fleeing the police can have severe consequences, even if you were going to be stopped for a minor issue like speeding or making a dangerous turn. No matter what reason the police had for stopping you to begin with, the prosecution can pursue a felony charge against you for fleeing, which may include the following penalties:
- Class 5 Felony Vehicular Eluding: The penalties imposed for vehicular eluding in which no bodily injury occurred can include one to three years in state prison and fines ranging from $2,000 to $100,000.
- Class 4 Felony Vehicular Eluding: When another party sustained bodily injury because of the actions of the accused driver, the penalties can include two to six years in state prison and fines ranging from $4,000 to $500,000.
- Class 3 Felony Vehicular Eluding: This charge is filed when a defendant kills someone else while evading the police. The penalties include four to twelve years in state prison and fines ranging from $6,000 to $750,000.
If you are facing charges of vehicular eluding, you are in a dangerous legal situation. You are at risk of losing your freedom, paying hefty fines, and being sent to prison for years. Your defense starts the minute you are arrested. You have rights, including the right to remain silent and the right to an attorney. Do not answer questions or try to explain what occurred. Remain silent and contact us as soon as you are given the opportunity to make a call, which typically occurs once you are booked into custody.
As soon as you contact The Bussey Law Firm, P.C., we can begin building your defense, which may include:
- You were not aware that the police were pursuing you.
- You did not drive recklessly.
- You attempted to pull over safely but could not do so due to traffic or dangerous conditions, and you only appeared to be eluding the police.
- The police officer did not follow proper procedures when asking you to pull over, such as using a siren or lights.
The actions taken by your Colorado Springs defense attorney can make all the difference between a conviction with years in prison and freedom. The Bussey Law Firm, P.C., is known as the premier criminal defense firm in Colorado Springs; Mr. Bussey has been voted Top Attorney in Colorado Springs. You can be confident that when you are represented by our firm, we will use all of our experience and resources to get you the best possible outcome. Call (719) 475-2555 to set up a free consultation and see what we can do in your case.