The Penalties for Fleeing and Eluding Police in New Mexico

The Penalties for Fleeing and Eluding Police in New Mexico

Getting pulled over by the cops is never fun, but sometimes folks panic and try to get away. This is called “fleeing and eluding”, and it can get you in big trouble here in New Mexico. I’m gonna break down the laws and what happens if you get caught doing this.

Resisting vs Fleeing

There’s a difference between resisting arrest and fleeing from the police. Resisting is when you refuse to obey commands or get combative when the cops try to arrest you. It’s a misdemeanor in New Mexico^[1]. Fleeing is when you actually try to get away in a vehicle or on foot. That can be a felony.

Levels of Fleeing Charges

There’s a few different fleeing charges in New Mexico, depending how bad you were:

• Resisting, evading or obstructing an officer – This is a misdemeanor if you refuse to stop when an officer signals you to pull over^[1]. It’s also a misdemeanor if you run away or fight when they try to arrest you.
• Aggravated fleeing – A 4th degree felony if you drive in a way that could hurt someone while fleeing after an officer signals you to stop^[2]. Goes up to a 3rd degree felony if someone actually gets hurt.
• Negligent use of a deadly weapon – A 4th degree felony if you point a gun at officers or civilians while fleeing police^[3].

Defenses

There are some defenses you can try if you get charged with fleeing or eluding:

• You didn’t know it was a real cop – The officer has to be in uniform and a marked car for fleeing charges^[4].
• Necessity – You had to drive away to prevent a greater harm from happening.
• Duress – Someone forced you to flee against your will.

But these defenses rarely work. Best to just pull over when the lights come on.

Penalties if Convicted

The punishments get pretty harsh if your fleeing lands you in court:

• Resisting – Up to 364 days in jail and $1000 fine^[1].
• Aggravated fleeing – 18 months in prison and $5000 fine. 3 years if someone got hurt^[2].
• Negligent use of a deadly weapon – 18 months in prison and $5000 fine^[3].

And it gets worse – fleeing often leads to other charges too:

• Reckless driving
• Speeding
• Running stop signs/lights
• DWI if you’re drunk

You’ll get separate penalties for each of those. Plus fleeing will stay on your criminal record and hurt job/housing chances in the future.

When Police Can Chase

Cops don’t pursue every fleeing driver. New Mexico has a Safe Pursuit Act^[5] that limits chases to when:

• You committed a violent felony
• You’re driving dangerously and could hurt someone

Otherwise they’re supposed to just get your license plate and catch up later. But once the lights come on, pull over! Never try to outrun the police.

What To Do If Stopped

Getting pulled over is scary, I know. But fleeing will only make it worse. Here’s what to do:

1. Pull over safely and turn off the car
2. Stay in the vehicle with hands on the wheel
3. Comply with officer commands
4. Be polite – “yes sir, no sir”
5. Don’t argue – save it for court
6. Know your rights, but don’t resist arrest
7. If it seems unsafe, ask to follow them elsewhere

I know it’s easy for me to say this. Getting stopped is stressful, especially for people of color. But fleeing is so dangerous – for you, the officers, and the public. Work on staying calm and knowing your rights. That’s the safest option for everyone.

Conclusion

So in summary, fleeing from police is a big-time offense here in New Mexico. Even if you get away, they’ll be waiting at your house with handcuffs. Resisting is a misdemeanor, but aggravated fleeing is a felony with jail time. Cops can’t chase you for minor stuff, but they will if someone could get hurt. Your best move is to just pull over and stay cool. I know it’s hard when those lights flash, but fleeing will only make it worse. Stay safe out there!

References

1. [1] New Mexico Statutes Section 30-22-1 (Resisting, evading or obstructing an officer)
2. [2] New Mexico Statutes Section 30-22-1.1 (Aggravated fleeing a law enforcement officer)
3. [3] New Mexico Statutes Section 30-7-4 (Negligent use of a deadly weapon)
4. [4] Police1 – New Mexico DA policy on fleeing cases
5. [5] New Mexico Senate Bill 67 (Law Enforcement Safe Pursuit Act)