New York Penal Code 270.30: Unlawful fleeing a police officer in a motor vehicle in the second degree

New York Penal Code 270.30: Unlawful fleeing a police officer in a motor vehicle in the second degree

Police chases can be quite dangerous, both to civilians and the officers themselves. This is why New York has created a statute that prohibits the fleeing of a police officer in a motorized vehicle. It is imply unsafe for everyone involved. The potential for people to become seriously injured is great, with many pedestrians often being caught in the middle. That being said, just because you are charged with the unlawful fleeing of a police officer in a motor vehicle in the second degree in New York does not mean you are guilty. You need to protect your legal rights, and this is best done by immediately contacting a NYC criminal lawyer.

The Charge Explained

Police officers have been killed a result of a suspect driving away from the police in a car or truck at high speed. Pedestrians have been killed and injured, as have other drivers in surrounding vehicles. Anyone in a motorized vehicle in New York is obligated to stop the moment that a police officer orders them to. Failing to do so is a violation of New York Penal Code 270.30. The state of New York actually provides for three different charges to be levied for this offense, the second degree being one of them.

The accused will be charged based upon the extent of the injuries incurred, and whether or not a death occurred as a result of the actions of the driver fleeing the commands of the police officer. For a charge of unlawful fleeing of a police officer in a motor vehicle in the second degree to be issued in New York, you will need to have fled the scene in a speed that in excess of 25 mph or more over the speed limit. You can also be charged with this crime if you are viewed to being driving recklessly as you flee the police officer and that officer, or a third person, incurs a serious physical injury as a result.

An Example of Unlawful Fleeing of a Police Officer in a Motor Vehicle

Imagine that a police suspects you of driving a stone vehicle. You might not have stolen it at all, but the police does not know that yet. A police officer proceeds by turning his lights and signaling you to pull over to the side of the road at the first possible safe point. Rather than pulling over, you proceed to drive through an area that is mixed with residential and commercial buildings throughout the New York area. You speed was more than 30mph an hour over the speed limit, and you made active attempts to evade and get away from the police At one point, you turn into a road that has heavy car and pedestrian traffic. Going through a red light, you just barely avoid hitting a pedestrian and you keep going anyway. At the next red light you speed through that as well and hit a woman that was crossing the street at a crosswalk. Because of this, she suffered numerous serious physical injuries, leading you to be charged with unlawful fleeing of a police office in a motor vehicle.

Possible Defenses

NYC criminal attorneys can mount several different defenses to demonstrate your innocence. The first step is to determine the extent of the injuries that were caused. If they are not serious, you would likely be found innocent of this charge. New York is very specific about what constitutes serious physical injury. Contact a New York criminal lawyer to begin the fight for your legal rights.

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