This also extends to any motorized vehicles from off-road vehicles like ATVs and snowmobiles to boats and even motorized scooters. Furthermore, if you are in a car and make efforts like increasing speed or turning off lights, these evasive measures will be considered as fleeing from the police. Even if you have just a momentary lapse in judgment for a few seconds, those few seconds where you fled from police or any other peace officers will result in a felony charge.
If you only fled for just a short period before surrendering, often the judge will go easier on you. However, that will not change the felony charge that will show up on background checks and needs to be disclosed to future employers. Furthermore, this also opens you up to personal injury suits from the injured party. Is there a time limit for prosecutions?
Generally, the Crown Prosecution Service CPS have 6 months from the date of the offence in which to issue proceedings, although some further time can elapse before you receive a summons. But convictions for certain crimes stay unspent and will always appear on your record.
Because the job of enforcing the law allows some discretion in how that enforcement action is undertaken. Not every violation need result in a citation and we have the authority to decide when a warning will satisfy traffic safety. Sometimes we want to be nice. There are circumstances in which you could face even worse penalties. Under New York Penal Code section If an officer gets into an accident while chasing your car, for example, this could result in you being charged with second degree fleeing from a police officer.
This is not a misdemeanor offense. You could be convicted of a Class E felony and could be looking at a maximum of up to four years imprisonment, not to mention a felony on your record. Things get even worse if the police officer or anyone else is killed because you fled from the police. You could be charged with a Class D felony for first degree fleeing from a police officer, which carries a penalty of up to seven years imprisonment. You could also be charged with additional related offenses as well, if your conduct violates any other laws such as laws against impaired driving.
Over-eager traffic enforcement intermingles with errors every day. Always be ready to fight back. The odds are in your favor when you work with NY Traffic Firm. Evading a police officer under Section If you serve a lesser sentence, you might be on probation for a period of time.
Your vehicle may also be taken and impounded for up to 30 days. You will also have points added to your license. If you obtain 4 points within 12 months, the state may revoke or suspend your license.
This can become more than a mere inconvenience when you need reliable transportation to work and to take care of your kids. Evading the police is a serious issue and it should be handled by an experienced attorney like Jessica McElfresh.
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