Vehicular Eluding in Colorado
The attorneys at Rights & Liberties Law Firm are experienced vehicular eluding attorneys in Colorado who defend people charged with offenses including vehicular eluding.
C.R.S. 18-9-116.5, Colorado’s Vehicular Eluding Statute
In Colorado, a person commits vehicular eluding if they knowingly elude or attempt to elude a peace officer who is also operating a motor vehicle, and they know or reasonably should know that they are being pursued by the peace officer, and they operate their vehicle in a reckless manner. Vehicular eluding is a class 5 felony; except that vehicular eluding that results in bodily injury to another person is a class 4 felony and vehicular eluding that results in death to another person is a class 3 felony.
Possible Penalties for Vehicular Eluding in Colorado
Offense
Class 5 Felony
Class 4 Felony
Results in bodily injury
Class 3 Felony
Results in death
- 1-3 years in Colorado State Prison or Community Corrections followed by 2 years of mandatory parole; or
- Probation; and/or
- $1,000 – $100,000 fine;
- Restitution
- 2-6 years in Colorado State Prison or Community Corrections followed by 3 years of mandatory parole; or
- Probation; and/or
- $2,000 – $500,000 fine;
- Restitution
- 4-12 years in Colorado State Prison or Community Corrections followed by 5 years of mandatory parole; or
- Probation; and/or
- $3,000 – $750,000 fine;
- Restitution
Offense
(Click Links Below To See Penalties)
Class 5 Felony
Class 4 Felony
Results in bodily injury
Class 3 Felony
Results in death
- 1-3 years in Colorado State Prison or Community Corrections followed by 2 years of mandatory parole; or
- Probation; and/or
- $1,000 – $100,000 fine;
- Restitution
- 2-6 years in Colorado State Prison or Community Corrections followed by 3 years of mandatory parole; or
- Probation; and/or
- $2,000 – $500,000 fine;
- Restitution
- 4-12 years in Colorado State Prison or Community Corrections followed by 5 years of mandatory parole; or
- Probation; and/or
- $3,000 – $750,000 fine;
- Restitution
What Are the Elements of Vehicular Eluding in Colorado?
(1) Operating a motor vehicle.
(2) Knowingly eluding or attempting to elude a peace officer who is also operating a motor vehicle.
(3) Knowing or reasonably should know that they are being pursued by the peace officer.
(4) Operating the vehicle in a reckless manner.
Defenses to Vehicular Eluding in Colorado
General Denial
The accused will be acquitted if the prosecution cannot prove every element of the offense beyond a reasonable doubt.
Mistaken Identity
This defense attacks the element of who committed the alleged offense.
Alternate Suspect
This defense casts doubt on the identity element of the offense by suggesting another person committed the crime.
Duress
Under C.R.S. 18-1-708, a person may not be convicted if they engaged in the conduct due to the use or threatened use of unlawful force.
Entrapment
Under C.R.S. 18-1-709, the commission of acts which would otherwise constitute an offense is not criminal if the defendant was induced to do so by law enforcement.
Choice of Evils
Under C.R.S. 18-1-702, conduct which would otherwise constitute an offense is justifiable when necessary to avoid imminent public or private injury.
Statute of Limitations for Vehicular Eluding in Colorado
- Felony vehicular eluding charges must be filed within 3 years. C.R.S. 16-5-401(1)(a.5)
Legal References
Contact Colorado’s Vehicular Eluding Attorneys at Rights & Liberties Law Firm to Fight for You Today
If you’ve been charged with vehicular eluding, contact the attorneys at Rights & Liberties Law Firm to vindicate your rights and protect your liberties. If you’re facing criminal charges or fear you may be charged, time is of the essence. Start Your Free Criminal Defense Case Quote. By retaining Rights & Liberties Law Firm you can rest assured that:
- The attorneys at Rights & Liberties Law Firm will use experienced investigators and experts to look into the case to get ahead of the police and prosecutors, whether there has already been an arrest or an investigation is on-going;
- The attorneys at Rights & Liberties Law Firm will advocate for you during your bond hearing to get you released from custody on the lowest possible amount of bail or on a personal recognizance bond;
- The attorneys at Rights & Liberties Law Firm will litigate all constitutional violations and fight to suppress any evidence illegally seized or obtained by police and investigators in violation of your rights;
- The attorneys at Rights & Liberties Law Firm are trial dogs. If you’re prepared to go all the way, so are we. We’ll take your case to the jury and fight with everything we’ve got to secure your acquittal.
- The attorneys at Rights & Liberties Law Firm are skilled negotiators. If you’ve made a mistake we will leave no stone unturned in presenting mitigation to contextualize your circumstances. We will obtain information and prepare a mitigation presentation or report to the prosecutor to present you in your best light and show the state and the judge that despite your mistakes you’re a dignified human being worthy of leniency and redemption. We will protect you from the overly punitive instincts of the criminal legal system and obtain the best plea bargain possible.
- If you’re up against the wall facing serious charges, jail, or prison time the attorneys at Rights & Liberties Law Firm have your back. From drug distribution and barfights to sex assaults and homicides the attorneys at Rights & Liberties Law Firm know that life gets wild and things fall apart. We’ll fight to keep your life together and advocate to ensure that you receive a non-prison sentence, or one which results in the lowest amount of prison time possible.
- If you’re wondering why we do this work, we’re in it because we care. At Rights & Liberties Law Firm we believe that no individual’s crime holds a candle to the injustices meted out by our unusually cruel overly punitive criminal legal system. At Rights & Liberties Law Firm we fight for people whose talents, dreams, and lives have been put on hold by a criminal accusation. Let us fight for you.