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

Running from the Cops in Jersey? You Better Know the Law

So you got caught doing something you shouldn’t have and tried to get away from the police. Not smart, my friend. Trying to elude the cops is never a good idea. But since you went and did it anyway, you better get yourself a good lawyer who knows the ins and outs of New Jersey’s eluding statute – N.J.S.A. 2C:29-2.

This law makes it a crime to flee from the police in a motor vehicle with the intent of avoiding arrest or detention. Let’s break it down so you know what you’re facing:

The Basics

There’s two main ways you can get busted for eluding in Jersey:

• You were driving a vehicle and knowingly fled or attempted to elude a police officer after receiving a signal to stop. This could be the cop turning on their lights and siren behind you, or even just gesturing and yelling for you to pull over.
• You created a risk of death or injury to any person while driving a vehicle in an effort to flee or elude a police officer. So even if you don’t flat-out refuse to stop, if your driving puts people in danger while you’re trying to get away, you’re on the hook.

This statute applies to any “means of conveyance” – so cars, trucks, motorcycles, ATVs, even bicycles. If it’s got wheels and a motor and you’re using it to run from the cops, you’re committing a crime.

There’s also separate violations for people who are just passengers in a vehicle that’s eluding police. But since you’re reading this, I’m guessing you were probably driving.

The Different Degrees of Eluding

Not all eluding is treated equal under the law. There’s a few different degrees with different punishments:

• Disorderly Persons Offense – This is the lowest level, when you elude but there’s no injuries or risk of injury. Still carries up to 6 months in jail though.
• Fourth Degree – If there was risk of injury during the elude, it’s a 4th degree felony. Up to 18 months in jail.
• Third Degree – If you actually caused injury to anyone while eluding, now it’s a 3rd degree felony. Could mean 3-5 years in prison.
• Second Degree – If someone died as a result of your eluding, it becomes a much more serious 2nd degree felony. We’re talking 5-10 years in state prison.

As you can see, the faster you drive and more reckless you are, trying to get away from the cops, the steeper the penalty if you get caught. A high-speed chase that ends in tragedy could land you in prison for a decade or more.

Don’t Make Things Worse – Stop When Signaled

Trying to outrun the police is reckless, dangerous, and almost never ends well. Instead of panicking when you see those cherries in your rearview, take a deep breath and signal that you’re pulling over.

Stop as soon as it’s safe to do so, turn off your vehicle, roll down the windows, and place your hands on the wheel. Be polite and cooperate with the officer’s orders. This gives you the best chance of just getting a ticket or warning – rather than a felony charge and prison time for eluding.

And if the cop does cross the line or violate your rights, don’t argue on the roadside. Save it for court where your lawyer can challenge the stop and any charges stemming from it. Eluding the police will only make a bad situation infinitely worse.

So learn from your mistakes, get a great attorney, and fight your charges through the legal system. With the right defense, maybe you can avoid being convicted under New Jersey’s strict eluding law. But your best bet is to pull over when signaled – and not try to outrun the cops in the first place.