New York Penal Law § 270.25 – Unlawful Fleeing a Police Officer in a Motor Vehicle in the Third Degree

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The offense of Third-Degree Unlawful Fleeing a Police Officer in a Motor Vehicle involves knowingly refusing to stop when signaled by a cop to do so during a traffic stop.

Fleeing police in the third degree is a Class A misdemeanor.

The Elements of Unlawful Fleeing a Police Officer in a Vehicle in the Third Degree

To convict someone of a crime, the prosecution must establish every element of the crime beyond a reasonable doubt in court. The elements of Unlawful Fleeing a Police Officer in a Motor Vehicle in the Third Degree are:

1. The accused knew that they were directed to stop, either by a uniformed police officer or a marked police vehicle;
2. The accused tried to evade police by either,
   1. Driving more than 25 miles per hour over the posted speed limit; or
   2. Engaging in reckless driving.

In this context, reckless driving refers to driving in a manner that unreasonably interferes with the others’ use of the road or places other roadusers at an unreasonable risk of harm.

Unlawful Fleeing a Police Officer in a Motor Vehicle in the Third Degree Examples

Below are examples of Unlawful Fleeing a Police Officer in a Motor Vehicle in the Third Degree:

• A motorist darts in and out of traffic after noticing the blue and red lights of a police cruiser in their read-view mirror; or
• A motorist quickly drives around a uniformed police officer who, while on foot, tries to stop the driver for a traffic violation.

Offenses Charged Alongside New York Penal Law § 270.25

Frequently, prosecutors pursue charges of Third-Degree Unlawful Fleeing a Police Officer in a Motor Vehicle against drivers, along with various related offenses, such as:

• Driving While Ability Impaired by Alcohol: N.Y. Vehicle & Traffic Law § 1192(1)
• Driving While Intoxicated: N.Y. Vehicle & Traffic Law § 1192(3)
• Driving While Ability Impaired by Drugs: N.Y. Vehicle & Traffic Law § 1192(4)
• Reckless Driving: N.Y. Vehicle & Traffic Law § 1212
• Leaving the Scene of an Accident Without Reporting: N.Y. Vehicle & Traffic Law § 600

Defenses to Unlawful Fleeing a Cop in a Motor Vehicle in the Third Degree

Numerous defenses exist for unlawfully fleeing a police officer that can either lessen your potential sentencing or lead to the prosecution dropping the case against you, or the jury delivering a verdict of “not guilty.”

The following could be complete or partial defenses to fleeing police:

• You did not realize the cop wanted you to stop;
• While you were evading police, you were not driving recklessly or more than 25 miles per hour over the speed limit;
• Someone else was driving your vehicle; and
• You were justified in driving fast, for example, because you were taking someone to the hospital.

Penalties for Violating NY Penal Law § 270.25?

Unlawful Fleeing a Police Officer in a Motor Vehicle in the Third Degree is a Class A misdemeanor. In New York, Class A misdemeanors carry a maximum sentence of up to one year in jail, a probationary sentence of up to three years, and a fine of up to $1,000.

Speak With a Skilled New York Traffic Lawyer to Discuss Your Defense

If you’ve been charged with fleeing police in a motor vehicle, it is important that you familiarize yourself with what you’re facing before deciding how to proceed with your case. For example, you may have a defense that could spare you a criminal conviction on your record. At the law firm of Tilem & Associates, P.C., our dedicated New York traffic violations attorneys have extensive experience helping to keep our clients out of jail and on the road, and we look forward to discussing how we can help in your case. We’re ready to meet with you right away to begin crafting a strong defense against the charges you’re facing. To find out more and schedule a complimentary consultation today, please call 877-377-8666. You can also reach us by completing our online contact form.