NJ Eluding--Basic Concepts:

New Jersey statutes define eluding at N.J.S. 2C:29-2b. Eluding can happen with a motor vehicle on New Jersey streets or highways. It can also be done in a vessel on New Jersey waters. Eluding consists of fleeing or attempting to flee any police or law enforcement officer after having received a signal from that officer to stop.

NJ Eluding--Penalties:

Eluding is a third degree crime. However if the flight or attempt to elude creates a risk of death or injury to any person, then it becomas a second degree crime. The statute that defines eluding permits a finder of fact to infer risk of death or injury whenever the conduct in question involves a violation of Chapter Four of the New Jersey Motor Vehicle Code. Chapter Four is the chapter that governs operation of a motor vehicle. It is nearly impossible to eluding in NJ cop signal stop highway chase criminal lawyeroperate a car and not violate some provision of Chapter Four. Literally everyone runs afoul of Chapter Four every time they take the car out of the driveway. For that reason, virtually all eluding incidents can be charged as a second degree crime.

In addition to the normal penalties for a third or second degree crime, the judge is also required to suspend the driver's license of any person found guilty of eluding. This period of suspension must be for a minimum of six months. It can be for as long as twenty-four months. If the person is licensed in a state other than New Jersey, the New Jersey judge cannot suspend the driver's license of that other state. However, the judge will suspend the person's privilege to operate a vehicle in New Jersey for the indicated amount of time. Additionally, the New Jersey court will notify the authorities in the state where the convicted person was licensed. That state can then take its own administrative actionNew Jersey Criminal Lawyer and Criminal Defense Lawyer eluding charge NJ against the driver's license of the convicted person.

NJ Eluding--Trial Considerations:

If a person succeeds in eluding the officer then, by definition, he has “gotten away,” at least for the moment. All other things being equal, that would make it difficult for the State of New Jersey to prove at a trial who the operator actually was. But the eluding statute rescues the prosecutor. The statute creates a presumption that the owner of the car or vessel in question is the person who eluded the police. Thus if the police succeed in obtaining the registration number, or identifying through other means the vehicle or vessel, they can charge its owner with eluding. The prosecutor may then be able to obtain a conviction even absent other identification of the driver or operator. The owner in this case is found guilty, not on the basis that his vehicle was involved in an eluding incident but, rather, because, his ownership of the vehicle permits a finder of fact to presume that, because he was the owner, he was also the operator.

An owner who is charged on that basis, of course, is given the opportunity to prove that he was not the operator of the vehicle or vessel. This “opportunity” can require the accused owner to make extremely difficult decisions. These situations arise where the owner was, in fact, not the operator, but knows who the operator was, and that operator was a family member or other person that the owner wishes to not incriminate.

NJ Eluding--Lawyer Consultation Needed:

As shown here, New Jersey treats harshly persons convicted of eluding. eluding car chase motor vehicle cop stop NJ Persons charged with eluding, and persons who may be charged with eluding in New Jersey, urgently need to consult with a lawyer experienced in criminal defense. The person who is arrested for eluding, or who may be charged (even if innocent), should speak with a New Jersey criminal defense lawyer. He should see a New Jersey criminal lawyer before saying anything to the police, or to anyone else. Their New Jersey driver's license, their reputation, their ability to earn a living and care for their family and, quite possibly, their freedom, is at stake.

 Overview  |  Allan Marain  |  Norman Epting, Jr. 
 The Practice  |  Selecting a Lawyer 
 Trial Transcript  |  Jobs and Internships 

 Abandoned Cars  |  Appeals  |  Arson  |  Assault  |  Bad Checks  |  Bribery  |  Burglary 
 CDS in Vehicle  |  Child Pornography  |  Cocaine  |  Computer Crimes 
 Conditional Dismissal  |  Conspiracy  |  Credit Card Fraud  |  Domestic Violence  |  Drivers Licenses  |  DWI/DUI 
 Eluding  |  Endangering  |  Entrapment  |  Evidence  |  Excessive Force  |  Expungements  |  False Swearing 
 Federal Appeals  |  Federal Crimes  |  Fictitious Reports  |  Forgery  |  Freedom of Speech  |  Graves Act  |  Gun Law 
 Hazing  |  Homicide  |  Identity Theft  |  Insurance Fraud  |  Invasion of Privacy  |  Jury Service  |  Juvenile Delinquency 
 Kidnapping  |  Leaving the Scene  |  Lewdness  |  Mail Fraud  |  Manslaughter  |  Marijuana  |  Megan's Law 
 Miranda Warnings  |  Money Laundering  |  Municipal Court  |  Murder  |  NERA  |  No Insurance  |  Official Misconduct 
 Peeping Tom  |  Perjury  |  Personal Injury  |  Point Assessments  |  Police Misconduct  |  Possession  |  Prostitution 
 PT I  |  Receiving Stolen P'ty  |  Red Light Cameras  |  Refusals  |  Resisting Arrest  |  Revoked List  |  Robbery 
 Sexual Assault  |  Shoplifting  |  Stalking  |  Tax Crimes--Federal  |  Tax Crimes--NJ  |  Terroristic Threats 
 Theft  |  Theft by Deception  |  Theft of Services  |  Unauth'd Prac Law  |  Underage Drinking 
 Underage Gambling  |  Urinating in Public  |  Vehicular Homicide  |  Violation of Probation 
 Weapons Possession  |  White Collar Crimes  |  Wire Fraud 

 Case Review  |  Super Links  |  Full Count  |  Directions  |  Parking  |  PGP Public Key 

 The Bottom Line 


Law Offices of Allan Marain
Attorney and Counsellors at LawFirm accepts PayPal for fees relating to New Jersey Lawyers for criminal charges, DWI DUI in State and federal court in New Jersey
100 Bayard Street
P.O. Box 1030
New Brunswick NJ 08903
Phone 732-828-2020
or Toll Free: 877-652-6531
email: Info@MarainLaw.com

“We, as criminal defense lawyers, are forced to deal with some of the lowest people on earth. People who have no sense of right and wrong. People who will lie in court to get what they want. People who do not care who gets hurt in the process. It is our job, our sworn duty as criminal defense lawyers, to protect our clients from those people.”

Cynthia Roseberry

 
Counsellors at Law in the Law Offices of Allan Marain, located in New Brunswick, represent clients throughout Central and Northern New Jersey. That includes Asbury Park, Bedminster, Belleville, Bergenfield, Berkeley Heights, Bernards Township, Bernardsville, Bogota, Bound Brook, Branchburg, Brick, Bridgewater, Clifton, Clinton, Closter, Cranbury, Cranford, Cresskill, Deal, Demarest, Denville, Dover, Dumont, Dunellen, East Brunswick, East Rutherford, East Windsor, Edison, Elizabeth, Emerson, Englewood, Englishtown, Ewing, Franklin Township, Freehold, Garfield, Garwood, Hackensack, Highland Park, Hillsborough, Hillsdale, Hillside, Jersey City, Kearny, Kenilworth, Lakewood, Lawrence Township, Mahwah, Manville, Marlboro, Matawan, Metuchen, Middlesex Borough, Monroe, Mountainside, New Brunswick, North Brunswick, Nutley, Old Bridge, Paramus, Parsippany, Paterson, Perth Amboy, Piscataway, Plainfield, Plainsboro, Point Pleasant, Princeton, Rahway, Raritan, Readington, Red Bank, Ridgefield, Ridgefield Park, Ridgewood, Robbinsville, Rockaway, Rocky Hill, Roselle, Roselle Park, Rutherford, Sayreville, Scotch Plains, Seabright, Seaside Heights, Seaside Park, Secaucus, Shrewsbury, Somerville, South Amboy, South Bound Brook, South Brunswick, South Orange, South Plainfield, South River, Sparta, Spotswood, Summit, Teaneck, Tenafly, Toms River, Trenton, Union, Wall, Warren, Washington, Watchung, West Windsor, Westfield, Woodbridge, and other communities in Bergen County, Mercer County, Middlesex County, Monmouth County, Ocean County, Somerset County, Sussex County, Union County, and Warren County. They handle criminal matters in the United States District Court for the District of New Jersey, and the United States Court of Appeals for the Third Circuit. They are available to handle matters in the United States Supreme Court.

Criminal Lawyers in New Jersey and MarainLaw.com
© Copyright 2006-2017, Allan Marain, New Brunswick, NJ, All rights reserved.
For information, questions, or suggestions about our site, please email our webmaster.
Web site design by DNEBA Enterprises » Accessible and Effective Web Design.
Search engine optimization by Rank Magic.
Page last updated 26 March 2016, and displayed Sunday 28 May 2017, at 20:00:20 EDT.
Hosted by Westhost »When you expect more from your Web host.
NJ Criminal Defense Lawyer Provides Valid XHTML 1.0 Transitional code   Criminal Lawyer in NJ adheres to CSS standards   Site powered by Apache for users with problems relating to NJ New Jersey marijuana pot paraphernalia arrest arrested municipal court lawyer Rutgers police   Dynamic Drive provides much-valued technical assistance for attorneys at law in New Jersey court defense