Vehicular Eluding in Fort Collins and Larimer County

Sometimes, family emergencies trump everything. Even if the Fort Collins police or Colorado State Patrol is chasing you down, the most important thing on your mind is your family. Unfortunately, if during a crisis situation the police are pursuing you and you do not pull over, you can be arrested and charged with felony Vehicular Eluding.

What are Vehicular Eluding and Eluding a Police Officer in Larimer County?

Vehicular Eluding and Eluding or Attempting to Elude a Police Officer are two similar Colorado statutes that deal with fleeing from law enforcement.

Colorado law defines Vehicular Eluding – C.R.S. 18-9-116.5 as:

Any person who, while operating a motor vehicle, knowingly eludes or attempts to elude a peace officer also operating a motor vehicle, and who knows or reasonably should know that he or she is being pursued by said peace officer, and who operates his or her vehicle in a reckless manner, commits vehicular eluding.

C.R.S. 42-4-1413 – Eluding or Attempting to Elude a Police Officer – is defined by Colorado Vehicle and Traffic Code as:

Any operator of a motor vehicle who the officer has reasonable grounds to believe has violated a state law or municipal ordinance, who has received a visual or audible signal such as a red light or a siren from a police officer driving a marked vehicle showing the same to be an official police, sheriff, or Colorado state patrol car directing the operator to bring the operator’s vehicle to a stop, and who willfully increases his or her speed or extinguishes his or her lights in an attempt to elude such police officer, or willfully attempts in any other manner to elude the police officer, or does elude such police officer commits a class 2 misdemeanor traffic offense.

While the two statutes are similar, they have some key differences. Vehicular Eluding is charged as a criminal offense, while Eluding or Attempting to Elude a Police Officer is a traffic offense. Also, Eluding a Police Officer can be charged when a person flees from law enforcement in a vehicle or after exiting the vehicle by any other means – like on foot. Vehicular Eluding is only charged when a person flees in a vehicle.

What is the Sentence for Vehicular Eluding in Fort Collins?

Vehicular Eluding is a class 5, class 4 or class 3 felony depending on the result of the event:

Vehicular Eluding
Felony Level:	Class 5 Felony	Class 4 Felony	Class 3 Felony
Charged when:	No one is injured or killed during the event	Someone is injured during the event	Someone is killed during the event
Punishable with:	1 – 3 years in DOC $2,000 – $100,000 in fines	2 – 6 years in DOC $4,000 – $500,000 in fines	4 – 12 years in DOC $6,000 – $750,000 in fines

As a class 2 traffic misdemeanor, Eluding or Attempting to Elude a Police Officer is punishable with:

10 to 90 days in the Larimer County Jail
$150 to $300 in fines
12 points added to a person’s license, which may cause a revocation or suspension of a driver’s license

What Charges Are Commonly Charged Along with Vehicular Eluding?

Depending on the outcome of the Vehicular Eluding, more charges may be added. Commonly, Reckless Driving is also charged because in the eyes of the law, Vehicular Eluding is a serious threat to public safety. If a death resulted from the Vehicular Eluding event, Vehicular Homicide may be charged in Fort Collins, Loveland, and Estes Park. Vehicular Assault is commonly charged if there any injuries sustained. In each case, a prison sentence to the Colorado Department of Corrections (DOC) is a possibility.

Why You Need a Lawyer for Your Vehicular Eluding Charges

Don’t be afraid, these crimes are defensible in Larimer, Boulder, and Grand County. Our attorneys have fought hundreds of court battles and are prepared to be at your side every step of the way. We care for you and your circumstances. We will not rest until a solid defense is before your judge or jury.

Request a Free Consultation

If you have been arrested for Vehicular Eluding or Eluding a Police Officer, do not resist arrest, but be smart, exercise your right to remain silent and call the experienced attorneys from the O’Malley Law Office at 970-658-0007. Together, we can protect your future.