New Jersey Juvenile Eluding an Officer Charge
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What is Juvenile Eluding in New Jersey?
Eluding an officer, also called “failure to stop” or “evading police,” is when a driver intentionally refuses to pull over when signaled by law enforcement. For juveniles under 18, it falls under the delinquency statutes at N.J.S.A. 2A:4A-23 and N.J.S.A. 2C:29-2(b).
To be charged with juvenile eluding in NJ, the prosecution has to prove:
- The minor was driving a motor vehicle, and
- A police officer signaled them to stop by hand, voice, emergency light or siren, and
- The minor willfully refused or failed to stop their vehicle.
It’s that simple. Unlike adult eluding charges, no other “aggravating factors” are required for a basic juvenile eluding offense. It doesn’t matter how fast you were driving or whether anyone got hurt.
Some common scenarios include:
- A cop tries to pull you over for speeding, but you keep driving to avoid a ticket.
- You roll through a stop sign and keep going when the officer hits their siren.
- You’re out past curfew and don’t stop when an officer yells for you to pull over.
Even if you’re just freaked out and don’t intend to run from police, failing to stop when properly signaled is enough for an eluding charge.
Penalties for Juvenile Eluding in NJ
If convicted of juvenile eluding in New Jersey, penalties can include:
- Up to 1 year in juvenile detention. However, first-time offenders often receive probation instead of detention.
- Suspension or postponement of your driver’s license for up to 2 years. This can start as soon as you’re charged, before conviction.
- Fines up to $1,000.
- Community service hours.
- Mandatory driver’s education program.
Juvenile records are sealed when you turn 18 in most cases. But a serious traffic offense like eluding can still impact things like college applications and financial aid. It’s definitely not something you want on your permanent record.
Defenses to Juvenile Eluding Charges
Some common defenses in underage eluding cases include:
You didn’t know the officer was signaling you to stop
Maybe you had music blasting and didn’t see the lights behind you. Or there was an emergency vehicle going by that you thought they were pursuing instead. If you can show you didn’t realize the officer was signaling YOU to pull over, you may be able to fight the charges.
You weren’t the one driving
Misidentification happens more often than you’d think. If someone else was driving the car, you shouldn’t take the fall for eluding. An experienced juvenile crimes lawyer can help prove you weren’t behind the wheel.
The officer lacked reasonable suspicion for the stop
For a traffic stop to be lawful, police need “reasonable suspicion” that a violation occurred. If they pull you over for no good reason, any charges from that stop could get tossed. A defense attorney can try to suppress evidence by arguing the stop was illegal.
Medical emergency
Let’s say your passenger was having an asthma attack or allergic reaction. In your haste to get them to the ER, you didn’t immediately notice the officer’s signals. Although it’s still illegal not to stop, a medical emergency could potentially help mitigate the penalties.
What Should I Do If Charged with Juvenile Eluding?
First off, remain silent and ask for a lawyer immediately. Anything you say to police can come back to haunt you later. Don’t try to make excuses or “explain” why you didn’t stop. Be polite but firm that you won’t answer questions without an attorney.
Next, tell your parents or guardians what happened right away. A criminal charge is not something you want to hide. Your family needs to know so they can get you proper legal representation.
Ask them to help you find a criminal defense lawyer with experience fighting juvenile eluding and traffic tickets.
A skilled attorney can negotiate with the prosecution, contest the charges in court, or develop an alternative plan like diversion programs. Taking the right legal steps early on could help minimize penalties and protect your future.
We all make mistakes, especially as reckless teens. Eluding charges can seem scary. But with strong legal defense, support from loved ones, and learning from the experience, this doesn’t have to define you. Be smart, stay safe, and think twice before stepping on the gas when those red and blues flash behind you.