Experienced Criminal Defense: Vehicular Eluding
If you have been accused of vehicular eluding, you have the right to fight the charges. An experienced attorney can help. At Pearson & Paris, P.C., we have more than 50 years of combined legal experience that we will use in your defense. Perhaps more importantly, our top criminal defense attorney is a former senior prosecutor who knows how district attorneys handle these cases. That knowledge allows us to create effective strategies ranging from negotiation to courtroom battles.
Whether in the Denver area or anywhere in Colorado, vehicular eluding occurs when a driver knowingly eludes or attempts to elude a peace officer also operating a motor vehicle and does so in a reckless manner. A related charge of traffic eluding involves eluding or attempting to elude a peace officer in circumstances that do not involve reckless driving.
Possible Consequences Of Vehicular Eluding
The possible consequences for vehicular eluding include: (1) probation, with a possible jail sentence as a condition of probation of up to 90 days, or a prison sentence of one to three years, and as much as six years when the court finds exceptional circumstances, plus a mandatory parole period of two years. The offense of traffic eluding is a class 2 misdemeanor traffic offense, which carries a maximum sentence of 90 days in the county jail.
Possible Defenses For Vehicular Eluding
The general approach to defending a vehicular eluding charge will focus on analyzing whether the driver knew that he or she was being pursued by a law enforcement officer. A particular defense may center on the fact that despite acts of bad driving, the evidence is insufficient to conclude that the driver was engaging in reckless driving for the purpose of eluding a peace officer.
The remaining defenses that may be applied in a vehicular eluding case apply with equal force to those that may apply in any other criminal case. This includes an analysis of any violation of constitutional rights, such as the right to remain silent, the right to counsel, the right to have any searches and seizures based on probable cause, a proper warrant, and the right to due process in the proper preservation of evidence that may be used against you. Many other defenses are available that rely on scrutinizing and exposing weaknesses in the prosecutor’s case, such as biased or incompetent witnesses, flawed crime scene investigation, flawed administration and procedures in collecting breath, blood or urine for forensic testing, incompetent computer evidence, flawed photo lineups and inaccurate crime scene/accident reconstructions.
It is important that you hire a skilled and experienced criminal defense lawyer to defend you in Westminster or Adams County or across Colorado.