NJ Eluding Statute in New Jersey: N.J.S.A. 2C:29-2 Lawyers

NJ Eluding Statute in New Jersey: N.J.S.A. 2C:29-2 Lawyers

Getting pulled over by police can be an anxiety-provoking experience for any driver. But making the reckless decision to flee and elude the police takes things to a whole new level of legal jeopardy in New Jersey.

Under New Jersey statute N.J.S.A. 2C:29-2, commonly referred to as the “eluding” law, drivers who fail to stop for police and try to evade apprehension face severe criminal penalties, even for a first offense.

Charges under this statute should be taken very seriously. An experienced criminal defense attorney can carefully analyze the details of your case and build strategic defenses to avoid conviction. Don’t leave your future to chance – fight back against eluding allegations.

What is New Jersey’s Eluding Statute N.J.S.A. 2C:29-2?

New Jersey’s eluding law makes it a fourth-degree felony crime to knowingly flee or attempt to elude a police officer after receiving a clear signal to stop, while simultaneously driving recklessly and endangering others.

Specifically, N.J.S.A. 2C:29-2 states:

Any person, while operating a motor vehicle…who knowingly flees or attempts to elude any police or law enforcement officer after having received any signal from such officer to bring the vehicle…to a full stop commits a crime of the third degree; except that, a person is guilty of a crime of the second degree if the flight or attempt to elude creates a risk of death or injury to any person.

So in basic terms, if you knowingly fail to stop after police signal you, AND drive dangerously in the process, you can be charged with eluding. It becomes a more serious second-degree crime if anyone is injured or killed.

What are the Penalties for Violating N.J.S.A. 2C:29-2?

For a first offense, violating New Jersey’s eluding law is a fourth-degree felony. Potential penalties include:

• Up to 18 months in jail
• Fines up to $10,000
• 1-2 year driver’s license suspension
• 5 years probation

Subsequent offenses within 5 years become third-degree crimes with stiffer penalties. And if the eluding incident results in injury or death, penalties escalate to state prison time.

In addition to criminal penalties, a conviction under N.J.S.A. 2C:29-2 brings a whopping 7 motor vehicle points. 12+ points triggers an automatic driver’s license suspension.

What are Common Defenses for Eluding Charges?

While the penalties for violating New Jersey’s eluding law are severe, experienced criminal defense attorneys can often build strong defenses such as:

• You did not actually flee from police
• You were unaware of signals to stop
• Misidentification (police stopped the wrong vehicle)
• No proof you drove recklessly or endangered others
• Duress or necessity forced you to keep driving

An aggressive lawyer will look for any avenue to attack the prosecution’s case by identifying inconsistencies, technical errors, credibility problems, lack of evidence, and violations of process and procedure.

Why Hire an Attorney for Eluding Charges?

Being charged with eluding police in New Jersey is extremely serious. The criminal penalties and license suspension can completely upend your life. So it’s critical to have an experienced attorney fighting for you.

A knowledgeable lawyer will protect your rights at every stage, hold police and prosecutors accountable, work to get charges reduced or dismissed, and take your case to trial if beneficial. Don’t go it alone against the power of the state.

Can an Attorney Negotiate a Plea Deal for Eluding Charges?

In some cases, yes. Your lawyer may be able to negotiate with prosecutors for a plea deal to a lower charge, in exchange for pleading guilty or no contest.

Potential options include pleading down to reckless driving, careless driving, a lesser eluding offense, or even a simple traffic violation. This brings much lower penalties compared to a conviction under N.J.S.A. 2C:29-2.

While pleas still bring consequences, your attorney’s job is to minimize the damage as much as possible through effective negotiation. But they will only recommend a deal if it’s truly in your best interest, based on the specifics of your case.

I Wasn’t the Driver – What Are My Options?

If police accuse you of eluding in a vehicle you weren’t driving, be sure to tell your attorney immediately. Identity is often a valid defense.

Your lawyer can file motions to access evidence identifying the driver, like body and dash cam footage. They will also rigorously cross-examine officers about lapses in observation and mistaken assumptions made during a stressful chase.

Raising reasonable doubt over whether you were driving can defeat the charges. Don’t let someone else’s actions falsely convict you.

Should I Just Plead Guilty and Accept the Consequences?

Pleading guilty without a fight should be an absolute last resort when facing eluding allegations. The potential penalties are so severe that you owe it to yourself to explore every possible defense first.

Consult with an experienced criminal defense lawyer to fully understand your options before giving up. There may be more ways to fight or mitigate the charges than you realize. Don’t rush to plead before speaking to counsel.

Conclusion

New Jersey does not take eluding charges lightly. Even first offenses under N.J.S.A. 2C:29-2 can lead to years in jail, major fines, and license suspension. Subsequent violations quickly escalate to serious felonies.

Don’t try to navigate these complex cases alone. Hire an attorney with specific experience fighting eluding allegations. They can carefully examine your case, build strong defenses, and negotiate for reduced charges if appropriate.

While the penalties seem harsh, you have options. Knowledgeable legal counsel levels the playing field against police and prosecutors. So don’t accept defeat without exploring every opportunity first. Your future is worth fighting for.

References

[1] N.J.S.A. 2C:29-2 Full Text

[2] Justia: NJ Statute 2C:29-2

NJ Court Rules R. 1:20 – Attorney Ethics