As defined by Colorado law, an attempt to elude an officer or eluding could take a couple of different tracks. There is misdemeanor eluding, which is driving relatively safe, but not pulling over for the cops when they are behind them attempting to initiate traffic stops with lights and sirens. It is very serious. There is also felony vehicular eluding, which is driving recklessly while trying to get away. They are trying to outrun the cops or driving in a way that is not safe for them, their passengers, pedestrians, or other people on the road. That is a felony in Colorado.
An attempt to elude an officer throughout the Colorado Front Range is a misdemeanor, felony, or both. Law enforcement officers in Colorado have both dash cameras on their cruisers as well as badge cameras to record everything that goes on. People often say they did not commit a traffic offense, but when attorneys watch the dash camera, they see several traffic offenses, whether it is a failure to signal, running a stop sign, or speeding. They could pull them over for any of those reasons.
If a cop attempted to stop them, they need to stop. If it is an illegal stop, they should let their attorney prove that in court. If they do not stop and they attempt to outrun the cop, they are going to charge them with either a felony or misdemeanor, depending on how fast they are driving while they are trying to outrun them.
If you have been accused of eluding law enforcement, you should seek help from a diligent traffic attorney. A Colorado Front Range attempt to elude an officer lawyer could help you build a defense. Let Jenn and Justie advocate on your behalf and help you avoid the consequences of a conviction.
What the officers are looking for when pulling someone over for attempt to elude an officer is safety. Officers are going to be aware of their own safety, so they are not going to fault them for finding another location that is safer to pull over. But if they have a number of safe locations to pull over and they are not stopping, the cops are going to be upset with them.
In certain circumstances, because there are police impersonators, attorneys advise people, especially young females traveling alone at night, to call their local dispatch and inquire. They should say somebody is behind them attempting to stop them, and they do not know if it is a police officer, they do not feel that they have done anything wrong, and could dispatch tell them if there is an officer in their location. Dispatch could usually tell them. The other option is to tell dispatch that they are going to drive to the local police station if it is nearby and stop in the police station parking lot. No officer is going to fault them for protecting themselves, but they maybe should not go ten miles to the next police station or pass a police station to find someplace else to pull over. They could always protect themselves by calling into dispatch and verifying that the person pulling them over is actually a police officer.
Whether it is an attempt to elude an officer for a person to purposely exit the highway after seeing a police officer clock their speed depends on the situation. It is not eluding unless the officer is behind them with lights on. If they fail to pull over almost immediately, the officer may charge them with it. If it is not safe to pull over, they should attempt to pull over and signal that they are going to pull over. They should use appropriate hand signals to let the officer know they are going to exit the highway at the next location, and then stop.
In certain circumstances, they may stop on the highway or on the shoulder, and the officer would get on their loudspeaker to tell them it is not safe and to pull up to the next exit. If they follow the officer’s instructions, it is not eluding unless and until they have attempted to initiate the traffic stop.
Other ways that Colorado Front Range traffic lawyers could help people facing attempt to elude charges is to pull the footage, which means pulling dash cameras to explain why they were trying to pull them over and why they should have stopped. Perhaps there was no basis for the stop, and the attorney can challenge the illegal stop under the Fourth Amendment. They could challenge a number of different things under the Constitution, such as an accused’s own statements being used against them. All of that has to be done after the fact. It does not excuse the actual attempt to elude. So even if a layperson thinks this is an illegal stop or the cops are abusing their power, STOP anyway.
In addition, they could also fight some of the technology that is being used against people. In Northern Colorado, the police have a GPS that they could fire at their car, and it would stick to the bumper of their car. They then let them go on their way and track them remotely using GPS that they just stuck to the bumper of their car. Whenever they stop moving, they show up and arrest them with guns drawn.
If someone is attempting to outrun a police officer, they may pull back for officer safety and for public safety reasons. They would not engage in a chase with them, but they may have deployed one of these GPS gummy units onto the back of their car to find them. The best advice is to always pull over.
Let Jenn and Justie at Nicol Gersch Law help you fight the charges. Speak to a Colorado Front Range attempt to elude an officer lawyer to learn about your legal options. Call today to get started.