Evading / Eluding
Facing an allegation of vehicular evading or eluding in Colorado places a person in a uniquely difficult position. Unlike many traffic violations, these offenses sit at the intersection of traffic law and criminal law, exposing an individual to consequences that extend far beyond fines or points on a license. Depending on the circumstances, a case may be charged as a misdemeanor traffic offense or as a felony, with the possibility of significant prison time if injury or death occurs. These laws are written broadly, and prosecutors often interpret them aggressively, which means even conduct that may have been the product of confusion, fear, or miscommunication can be portrayed as intentional flight from law enforcement.
Colorado Vehicular Evading / Eluding Lawyer
Understanding the precise definitions, the penalties that may apply, and the defenses available is essential for anyone accused. Below, Law Office of Matthew A. Martin, P.C. gives clear guidance about what these charges mean, what the law requires the state to prove, and how a strong defense from a Colorado vehicular evading / eluding lawyer can be built to protect the client’s future.
If you have been charged with Evading or Eluding an officer in Colorado, then you need a strong criminal defense attorney. The Law Office of Matthew Martin is prepared to provide full-service legal representation for clients accused of traffic crimes, including evading / eluding.
Call (303) 725-0017 to set up your first consultation free of charge.
Information Center
- Eluding a Police Officer in Colorado
- Vehicular Eluding in Colorado
- What Elements Does a Jury Look at in Vehicular Eluding Cases in Colorado
- What Defenses Exist for Vehicular Eluding Charges in Colorado
- Role of a Denver Vehicular Evading / Eluding Attorney
- Frequently Asked Questions About Colorado Vehicular Evading and Eluding
- Resources
Eluding a Police Officer in Colorado
Eluding or Attempting to Elude a Police Officer — C.R.S. § 42-4-1413 explains the traffic offense of eluding or attempting to elude a police officer. This law applies when a driver of a motor vehicle has been signaled by a police officer to stop, whether through flashing red lights, a siren, or another clear signal coming from a marked police, sheriff, or state patrol vehicle. Once the driver has received that signal, if he or she willfully increases speed, turns off headlights to hide the vehicle, or otherwise makes an intentional effort to avoid being stopped, the driver commits the offense of eluding. Even if the driver actually succeeds in escaping the officer, the act is still a violation.
Penalties for Eluding a Police Officer — The statute makes this type of evading behavior a class 2 misdemeanor traffic offense. Under Colorado law, a class 2 misdemeanor traffic offense can result in up to ninety days in jail and fines up to three hundred dollars, though courts have discretion in sentencing. Additional consequences may include probation, community service, or license-related penalties such as points assessed against the driver’s record by the Department of Motor Vehicles. Because this law is part of the traffic code, it applies not only on highways but also on streets and other areas throughout the state. The seriousness of this charge is often underestimated because it is classified as a misdemeanor traffic offense, but the penalties can still impact employment, driving privileges, and criminal history.
Vehicular Eluding in Colorado
Vehicular Eluding — Colorado’s criminal code also creates a separate and more serious offense called vehicular eluding under C.R.S. § 18-9-116.5. This law applies when a driver knowingly attempts to elude or does elude a peace officer who is operating a motor vehicle. The critical difference from the traffic-level offense is that the driver must operate his or her vehicle in a reckless manner while trying to avoid the officer. The statute requires that the driver knows or reasonably should know that a peace officer is actively pursuing him or her, which means that the law applies even if the driver claims not to have realized the pursuit was taking place, as long as a reasonable driver in the same situation would have known.
Penalties for Vehicular Eluding — Vehicular eluding is treated as a felony under Colorado law. If the act of reckless evading does not result in injury, it is a class 5 felony, which may carry one to three years in prison and fines ranging from one thousand to one hundred thousand dollars. If another person suffers bodily injury as a result of the driver’s actions, the crime is elevated to a class 4 felony, punishable by two to six years in prison and higher fines. When the act results in the death of another person, vehicular eluding is a class 3 felony, which may involve four to twelve years in prison and substantial financial penalties. Because of these felony classifications, the offense has long-term consequences beyond incarceration, including a permanent criminal record, loss of civil rights, and severe restrictions on future employment opportunities.
What Elements Does a Jury Look at in Vehicular Eluding Cases in Colorado
Knowing Pursuit by a Peace Officer — One of the most important elements in both C.R.S. § 42-4-1413 and C.R.S. § 18-9-116.5 is whether the driver knew or reasonably should have known that a peace officer was signaling them to stop. In cases under C.R.S. § 42-4-1413, the focus is on whether the driver willfully ignored visible or audible signals from a clearly marked law enforcement vehicle. In cases under C.R.S. § 18-9-116.5, prosecutors must also establish that the driver knew or reasonably should have known they were being pursued. Jurors often look carefully at facts like whether emergency lights and sirens were activated and whether the pursuing vehicle was properly marked as law enforcement.
Reckless Driving Behavior — The felony offense of vehicular eluding requires more than just failure to stop; the driver must also operate the vehicle in a reckless manner. This means the conduct shows a willful or wanton disregard for the safety of others. Jurors will consider whether the driver sped excessively, wove through traffic, ignored traffic signals, or took other actions that placed other road users at serious risk. Evidence of reckless behavior is a key dividing line between a misdemeanor traffic offense and a felony conviction.
Intentional Attempt to Evade — Jurors also assess whether the accused took purposeful steps to avoid being stopped by law enforcement. This can include extinguishing headlights, abruptly turning off the road, accelerating after signals to stop, or other maneuvers that show the driver’s intent to flee. The law does not require success in escaping; the attempt itself is enough to establish this element.
Resulting Harm — In felony cases, the outcome of the driver’s actions is critical to determining the level of the charge. Under C.R.S. § 18-9-116.5, if the conduct caused bodily injury to another, the offense escalates to a class 4 felony. If death results, the charge becomes a class 3 felony. Jurors therefore consider evidence such as crash reports, medical testimony, and witness accounts about harm suffered during the pursuit.
What Defenses Exist for Vehicular Eluding Charges in Colorado
Lack of Knowledge of Pursuit — A defense may be raised when a driver did not know or could not reasonably have known that law enforcement was attempting a stop. For example, if the pursuing car was unmarked, if no sirens or emergency lights were activated, or if visibility conditions were poor, it may be argued that the driver was unaware of the pursuit.
No Reckless Driving Behavior — Since felony vehicular eluding under C.R.S. § 18-9-116.5 requires proof that the vehicle was operated in a reckless manner, a driver may argue that his or her conduct did not rise to that level. If the vehicle was driven carefully, obeyed traffic laws, or merely continued for a short distance before stopping, the defense may argue that the statute’s requirement of reckless conduct is not satisfied. This could reduce the charge from a felony to a misdemeanor or even result in dismissal.
Emergency or Necessity — Some cases may involve situations where a driver’s actions were influenced by an emergency. For instance, if a medical emergency, a sudden mechanical failure, or an immediate threat compelled the driver to continue driving, the defense may argue that there was no intent to willfully evade the officer. This argument is fact-specific and requires credible supporting evidence, but it can be persuasive in explaining why the driver acted in a way that otherwise appears unlawful.
Driver Not the One Behind the Wheel — Because these cases often involve high-speed chases or unclear conditions, a driver may assert that law enforcement misidentified them as the person fleeing. If ownership of the vehicle is not disputed but the identity of the actual driver is unclear, defense counsel may present evidence that someone else was operating the vehicle at the time. Establishing doubt about the driver’s identity can defeat the prosecution’s case entirely.
Unlawful Stop or Police Conduct — Another possible defense is that the stop itself was unlawful. If law enforcement did not have reasonable grounds to initiate the stop or acted outside their authority, a motion may be filed to suppress evidence collected as part of the pursuit. Courts require police to have reasonable suspicion or probable cause before initiating a stop, and violations of constitutional rights can weaken or dismiss the state’s case.
Role of a Denver Vehicular Evading / Eluding Attorney
Investigating the Pursuit — A defense lawyer will immediately gather police reports, dashcam footage, bodycam video, and witness statements to determine whether law enforcement lawfully initiated the stop and whether the driver’s conduct truly met the legal definition of evading or eluding.
Challenging Recklessness — Since felony vehicular eluding requires proof of reckless driving, the lawyer will examine speed reports, roadway conditions, and officer testimony. By undermining claims of recklessness, the lawyer may reduce the charge from a felony to a misdemeanor or secure dismissal.
Defending Against Injury Claims — When prosecutors allege injury or death, the lawyer will investigate causation, medical records, and accident reconstruction to show that the alleged harm was not caused by the defendant’s actions, potentially reducing penalties or challenging the entire case.
Protecting Driving Privileges — Loss of a driver’s license can devastate work and family life. The lawyer will represent the accused in Department of Motor Vehicles hearings, fighting suspensions and revocations while negotiating for outcomes that minimize disruption to everyday responsibilities.
Building a Strong Trial Defense — If a case proceeds to trial, the lawyer will challenge evidence of intent, awareness of pursuit, and reckless conduct. By cross-examining officers and presenting alternative explanations, the lawyer ensures the jury hears a clear, forceful defense that safeguards the client’s future.
Frequently Asked Questions About Colorado Vehicular Evading and Eluding
What is vehicular eluding in Colorado?
Vehicular eluding in Colorado is defined under C.R.S. § 18-9-116.5. It occurs when a driver knowingly tries to escape from a peace officer while driving recklessly. The offense is treated as a felony with serious legal and life consequences.
What is eluding a police officer in Colorado?
Eluding a police officer in Colorado, found in C.R.S. § 42-4-1413, occurs when a driver willfully ignores signals from a marked law enforcement vehicle to stop. It is classified as a class 2 misdemeanor traffic offense punishable by jail time.
What are the penalties for vehicular eluding in Colorado?
Vehicular eluding is charged as a felony. A class 5 felony carries one to three years in prison, a class 4 felony two to six years, and a class 3 felony four to twelve years, depending on resulting injuries.
What are the penalties for eluding a police officer in Colorado?
Eluding a police officer under C.R.S. § 42-4-1413 is a misdemeanor traffic offense. A conviction may result in up to ninety days in jail, fines up to three hundred dollars, points on a license, and potential probation or community service.
What does reckless driving mean in a vehicular eluding case?
Reckless driving in vehicular eluding means operating a vehicle with willful disregard for the safety of others. Actions such as excessive speeding, weaving through traffic, or ignoring signals may establish recklessness, which elevates the offense to a felony charge.
Can someone go to jail for eluding a police officer in Colorado?
Yes, a conviction for eluding a police officer in Colorado can lead to jail. Although the offense is a misdemeanor traffic violation, judges may impose up to ninety days in jail depending on the facts, prior record, and circumstances.
How does injury or death affect a vehicular eluding charge?
If a vehicular eluding incident results in injury, the charge becomes a class 4 felony. When death occurs, the charge increases to a class 3 felony. Both levels carry much harsher penalties, including significantly longer prison sentences and fines.
Can someone lose their license for eluding a police officer in Colorado?
Yes, license consequences are common after a conviction for eluding a police officer. The Department of Motor Vehicles may impose points, suspensions, or revocations. These penalties are separate from criminal sentencing and can significantly impact employment or daily responsibilities.
What defenses exist for a vehicular eluding charge in Colorado?
Defenses to vehicular eluding include lack of knowledge of pursuit, absence of reckless driving, emergency circumstances, mistaken identity, or challenging the legality of the initial stop. These defenses require careful legal analysis and are highly dependent on case-specific evidence.
Why should someone hire a lawyer for an eluding case in Colorado?
Hiring a lawyer is important because eluding cases carry criminal records, license consequences, and possible incarceration. An experienced defense lawyer can evaluate evidence, identify weaknesses in the prosecution’s case, raise constitutional issues, and negotiate for reduced charges or dismissals.
Resources
Colorado General Assembly – C.R.S. § 42-4-1413 — This section of Colorado law explains the misdemeanor traffic offense of eluding or attempting to elude a police officer. It describes what actions can result in a charge under C.R.S. § 42-4-1413 and outlines the penalties associated with this offense.
Colorado General Assembly – C.R.S. § 18-9-116.5 — This statute defines vehicular eluding under Colorado law. It explains the conditions under which a driver may face felony charges for attempting to evade law enforcement and sets out the different penalties depending on whether injury or death results from the conduct.
Colorado State Patrol – Troopers on High Alert for Labor Day Weekend — This page provides information from the Colorado State Patrol about enforcement during Labor Day weekend. It highlights issues related to impaired driving, explains common risks during the holiday period, and describes how state patrol officers increase traffic enforcement to promote roadway safety across Colorado.
Colorado Department of Revenue – Loss of Driving Privileges Hearings — This resource from the Colorado Department of Revenue explains how driving privileges may be suspended, revoked, or cancelled. It outlines the types of offenses that lead to loss of driving privileges, describes related hearings, and identifies the legal authority that governs license restrictions in Colorado.
Hire an Evading / Eluding Criminal Defense Attorney in Denver, Colorado
If you have been charged with Evading / Eluding an officer in the state of Colorado, call (303) 725-0017 to set up your first consultation free of charge.
Matthew Martin accepts clients throughout the greater Denver area including Jefferson County, Douglas County, Arapahoe County, Broomfield County, Adams County, and Boulder County.