If you want to know what “eluding” means under New Jersey’s criminal laws, then look no further than N.J.S.A. 2C:29-2b. This statute controls the criminal offense known as eluding in NJ. Under N.J.S.A. 2C:29-2b, there are certain types of conduct that could give rise to charges for either Second Degree Eluding or Third Degree Eluding. The distinction between these two degrees of eluding is important because it can mean the difference between probation and ten years in a NJ State Prison. The charges are more thoroughly discussed below.
3rd Degree Eluding Bordentown NJ
Under N.J.S.A. 2C:29-2b, it is a third degree offense if the following five (5) facts occur: (1)the individual operated a motor vehicle on a street or highway, (2)a police or law enforcement officer signaled to bring the vehicle to pull over, (3) the individual was aware that the officer had signaled them pull over, (4) the individual was aware that person attempting to pull them over was in fact a police or law enforcement officer, AND (5) the individual knowingly fled or attempted to elude the officer.
2nd Degree Eluding Mount Laurel NJ
Under N.J.S.A. 2C:29-2b, it is a second degree offense if the following six (6) facts occur: (1)the individual operated a motor vehicle on a street or highway, (2)a police or law enforcement officer signaled to bring the vehicle to pull over, (3) the individual was aware that the officer had signaled them pull over, (4) the individual was aware that person attempting to pull them over was in fact a police or law enforcement officer, (5) the individual knowingly fled or attempted to elude the officer, AND (6) the flight or attempt to elude created a risk of death or injury to any person.
Most people think that these cases are easy to beat because, so long as they didn’t make any statements, the police cannot prove certain elements. This is not true. The New Jersey Legislature purposely wrote two permissive inferences into the statute that allows a judges and jury to make a assume certain things. First, there is an inference that flight from the police alone creates a risk of injury or death (this would elevate a third degree offense to a second degree offense) where the driver commits any traffic offense under Chapter 4 Title 39 (this includes Speeding, Reckless Driving and Careless Driving). Second, there is an inference that the registered owner of a vehicle is the driver during the crime. Therefore, even if you are able to evade police, they may come to your house and arrest you based on you being the license plate owner. These inferences are crucial factors in any eluding case.
What are the Penalties for Eluding in Burlington County?
The penalties for Eluding charges in New Jersey will vary depending upon whether is a second degree or third degree offense. If you are charged and convicted of Second Degree Eluding then you are subject to a term of incarceration of ten (10) years in State Prison, a $150,000 fine, driver’s license suspension up to two (2) years and a criminal record. Alternatively, if you are convicted of Third Degree Eluding then you are subject to a term of incarceration up to five (5) years in State Prison, a $15,000 fine, driver’s license suspension up to two (2) years and a criminal record. Depending upon the nature of your charges and your criminal history, you could also be eligible for a diversionary program like Pretrial Intervention which could help you avoid incarceration and a criminal record altogether.
Eluding Lawyers in Evesham NJ
Proetta, Oliver & Fay defends the individuals throughout New Jersey who have been arrested and charged with criminal offenses. An example of the types of cases we handle include Sexual Assault, Assault by Auto, Distribution of Prescription Drugs, Heroin Possession, Simple Assault, Driving While Intoxicated and terroristic threats. Whether you were just arrested and released or you have been detained pending a formal detention hearing, contact our offices immediately. We will discuss your options and what possible outcomes are available to you in your case. Having spent our careers handling criminal cases at all levels, our firm is well-prepared to step-in on your behalf and take up your fight. For your consultation with an attorney, please call our offices today at (609) 850-8284. We can be reached 24/7 for your convenience.
Our phones are answered 24 hours a day. We are available weekdays during business hours. We also meet with clients on evenings and weekends by request. We have four office locations conveniently located in Jersey City, Edison, Middletown, Cranford, Burlington, and Hamilton. All major credit cards are accepted.
525 Highway 73, Suite 104, Marlton, New Jersey 08053 Phone: 609-850-8284 By Appointment Only
100 Horizon Center Boulevard, Hamilton, New Jersey, 08691 By Appointment Only
Point Pleasant Office
3828 River Road,
Suite A, Point Pleasant,
New Jersey 08742
By Appointment Only
180 Kings Highway, Middletown Township, New Jersey 07748 By Appointment Only