Stillwater NJ Eluding Lawyers
Criminal Defense Attorneys in Sussex and Warren County, New Jersey
Eluding a police officer is a serious crime in New Jersey. In fact, eluding is either a second or third degree crime depending on the underlying circumstances and will result in a mandatory license suspension. Generally, if a police officer signals the driver of a car or an operator of a boat to stop, the law requires the driver or operator to do so and if the driver or operator fails to stop and flees, they will be charged with a crime. Eluding charges will be handled in the Superior Court, Criminal Division, in the county where the alleged eluding occurred. In other words, if you are charged with eluding in Phillipsburg, your case will be heard in Warren County Superior Court. On the other hand, if you are charged with eluding in Vernon, you will be required to appear in Sussex County Superior Court.
If you are charged with eluding in Sussex County or Warren County, the NJ eluding defense lawyers at the Tormey Law Firm can help you fight these charges. Our award-winning lawyers have achieved successful outcomes in courts across the state, on behalf of clients in Stillwater, Sparta, Hackettstown, and beyond. Simply call 973-755-1695 to find answers to your questions and learn how we can help you. We are available 24/7 and consultations are always provided free of charge.
Eluding Defense Lawyers in Phillipsburg NJ
Pursuant to the New Jersey Criminal Code, N.J.S.A. 2C:29-2(b), any person while operating a motor vehicle on any street or highway in this State or any vessel on the waters of this State, who knowingly flees or attempts to elude any police officer or law enforcement officer after having received any signal from such officer to bring the vehicle or vessel to a full stop commits a crime of the third degree. However, a person is guilty of a crime of the second degree if the flight or attempt to elude creates a risk of death or injury to any person.
Importantly, the criminal code establishes a permissive inference that flight or an attempt to elude creates a risk of death or injury to any person if the person’s conduct involves a moving motor vehicle violation or a boating violation. In other words, speeding away from a police officer after being signaled to pull over is a not only a violation of the traffic laws but it will also give rise to an inference that the driver created a risk of death or injury to other drivers on the road. The eluding law also provides a rebuttable presumption that the owner of a vehicle or vessel was the operator of the vehicle or vessel at the time of the offense. That is, if the police attempt to stop a vehicle but the driver succeeds in getting away, the court can assume that the owner was the one who eluded the police unless there is direct evidence that the owner was not driving at the time of the alleged offense.
What Happens if You are Convicted of Eluding in New Jersey?
Because eluding is either a second or third degree crime, the penalties are severe. In fact, the punishment for third degree eluding is three to five years in prison and up to a $15,000 fine and for second degree eluding five to ten years in prison and up to $150,000 fine. Additionally, a conviction for eluding will also result in a license suspension or privilege to operate a vessel, whichever is appropriate, for a period of not less than six months or more than two years.
Contact Sussex County NJ Eluding Defense Lawyers Now
The eluding defense attorneys at the Tormey Law Firm have handled cases in Sussex and Warren county and throughout New Jersey. Let them put their skills to work defending your case and find out why they have achieved the Avvo.com Client’s Choice award every year for the last four years. Call 973-755-1695 for immediate assistance.