“Back
in the day”, as people often use the term, getting away from the police after a
police officer activated his overhead lights and siren was something that was
not uncommon. The reason for this was
because if you were caught the only consequence of such eluding from the police
was multiple motor vehicle summons. In
fact, often the prosecutor would not be able to prove the case and these moving
violations were often dismissed at trial unless the motorist who was eluding
was eventually pulled-over. The reason
being, that the state could not prove identification of the driver, and issuing
tickets to the registered owner is never sufficient to prove who was actually
driving the vehicle at the time of the eluding.
Today,
however, it is quite different and if one attempts to elude a motor vehicle
stop and “take-off”, he will probably be indicted for a second degree eluding
charge (5-10 years in state prison) because almost ever eluding puts at risk the
driver (eluder), police officer or any other motorists in the area who is on
the road in the vicinity of the eluding motorist..
Therefore,
if you are charged with eluding it is important that you retained an
experienced New Jersey Criminal Defense Attorney
who has had experience in successfully representing individuals charged with
such offenses.
Unfortunately,
eluding can be a very discretionary charge depending of the particular police
officer attempting to effectuate a motor vehicle stop. What is alluding to one police officer is not
alluding to another. Is eluding when you
fail to immediately pull over? Is
eluding when the motorist pulls over after 5 blocks, instead of two blocks? Is eluding when the motorist is pursued by an
unmarked vehicle and is afraid that the vehicle that is pursuing them is in fact
not a police officer, but a rogue bandit?
Does eluding begin when the motorist first recognizes, sees and hears a
police vehicle behind them? How does the
officer in fact know that he is being noticed by the motorist; therefore, when
does eluding begin, when the motorist recognizes that a police vehicle is
behind him, or when the police officer first activates his overhead lights and
siren?
Defending
the eluding case is complex and knowing what discovery to ask for is the first
important step in successfully defending the eluding case. The attorney must obtain all patrol,
dispatch, audio, CAD, MVR records and tapes of the pursuit. Sometimes, this discovery will reveal
inconsistencies, and outright lies of the officer. Often this discovery will contradict his or
her police report and give the jury sufficient reasonable doubt for a
not-guilty verdict or a lesser charge.
In
some cases after confronted the prosecutor with this evidence the prosecutor
will downgrade the charge to third-degree eluding or other such lesser charge.
P.O.
Box
261
277
North Broad Street
Elizabeth, N.J. 07207
Office: (908)
354-7006
Cell: (201)
240-5716
Dated:
January 9, 2013
Criminal
Lawyers Jersey City, Criminal Lawyers Elizabeth NJ, Criminal Lawyers Newark,
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