Fleeing From a Police Officer in New York

by Adam Rosenblum

For some, getting pulled over can be a dramatic experience. You might see the flashing lights and panic. Your brain might get flooded with fear and worry, which only causes your gut and emotions to take over. Before you know it, your foot is on the accelerator and you are fleeing from a police officer.  We often see these cases with motorcyclists who, due to the fast speeds that motorcycles can reach, try to outrun the police but eventually get caught.  Fleeing from a police officer is a crime in New York, so remember: try your best to stay calm whenever you get pulled over.

What Counts as Fleeing From a Police Officer?

Under § 270.25 of New York’s Penal Law (criminal code), it is a crime to flee from a police officer.

Fleeing from a police officer means:

  1. Being directed by a uniformed police officer to stop your motor vehicle
  2. You knowingly ignoring the officer’s directive
  3. You attempting to outrun the officer by: a) driving 25 miles per hour or more over the speed limit or b) driving recklessly.

Being directed to stop your vehicle means the police officer turned on his flashing lights, used his siren, or did both in order to get you to pull over. If you are charged with third degree fleeing from a police officer, you can be convicted of a Class A misdemeanor (i.e. up to 1 year in jail).

However, if the situation escalates, you can be guilty of an even more serious crime. According to §270.30, you can be charged with second degree fleeing from a police officer if you do the actions describes above and due to your conduct, the police officer following you or any other third-party suffers serious physical injury. If you are charged with this, you can be convicted of a Class E felony (i.e. up to 4 years in prison).

If you commit the above offense and, as a result of your conduct, the police officer following you or any other third-party is killed, you can be charged with first degree fleeing from a police officer, which can result in a conviction of a Class D felony (i.e. up to 7 years in prison).

Your liberty is not something to gamble with. Make sure to hire an experienced NY criminal and traffic ticket attorney to help you avoid a conviction for fleeing from a police officer.

Who Should You Contact?

If you were recently pulled over and charged with fleeing from a police officer in NY, contact The Rosenblum Law Firm. Our team of criminal and traffic ticket attorneys will do everything they can to keep you out of jail and to protect your legal rights. Call us today at 888-883-5529.