Colorado Revised Statutes § 18-9-116.5 prohibits vehicular eluding, which is defined as driving recklessly while attempting to evade the police. This offense is a felony punishable by one to twelve years in prison depending on whether someone gets injured or killed.
The language of CRS 18-9-116.5 states that:
“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.”
Below our Denver Colorado criminal defense lawyers discuss:
- 1. What is felony vehicular eluding in Colorado?
- 2. What are the penalties under CRS 18-9-116.5?
- 3. How can I fight the charges?
- 4. Can immigrant defendants be deported?
- 5. Can the record get sealed?
CRS 18-9-116.5 forbids driving recklessly and eluding a police car.
1. What is felony vehicular eluding in Colorado?
Vehicular eluding occurs when the following three elements are met:
- A driver knows – or reasonably should know – that an officer in a vehicle is pursuing him/her;
- The driver knowingly eludes – or attempts to elude – the officer; and
- The driver is operating the vehicle in a reckless manner.1
Reckless driving means operating an automobile in wanton or with a willful disregard for the safety of others. Examples of reckless driving may include:
- driving twice the speed limit or faster
- driving against traffic
- driving over a center median to make a quick U-turn
- driving off-road
- swerving between lanes in heavy traffic2
High-speed police chases typically result in the driver facing vehicular eluding charges. But note that a person can face vehicular eluding charges even if the reckless driving occurred before or after the eluding (or attempted eluding) occurred. Reckless driving and eluding do not necessarily have to happen at the same time.3
Also note that vehicular eluding is a separate crime from eluding a police officer (CRS 42-4-1413). Unlike vehicular eluding, eluding a police officer requires that the police be in a marked car and signal the driver to pull over. And a person can face charges for eluding a police officer without driving recklessly.
Example: Stephanie is driving with a broken taillight through a residential neighborhood in Denver. Soon a marked police car signals for her to pull over. Panicking, Stephanie floors the gas pedal, causing the police to give chase. Stephanie would have crashed into other drivers and pedestrians had they not swerved out of the way in time.
Here, Stephanie can be convicted of both vehicular eluding as well as eluding a police officer.4 Vehicular eluding because she drove recklessly. And eluding a police officer because the police car was marked and signaled her to pull over.
2. What are the penalties under CRS 18-9-116.5?
The punishment for vehicular eluding depends on whether anyone was hurt as a result of the incident.
|
Vehicular eluding |
Colorado sentence |
| Incident caused no bodily injury | Class 5 felony:
|
| Incident caused bodily injury | Class 4 felony:
|
| Incident caused death | Class 3 felony:
|
Vehicular eluding is a felony in Colorado.
3. How do I fight the charges?
Three common defenses to vehicular eluding charges include (but are not limited to):
- The defendant honestly did not know – and had no reason to know – that he/she was being pursued by police.
- The defendant at no point drove recklessly.
- The defendant was never attempting to elude the police officer, and he/she pulled over as soon as it was reasonably safe.
4. Can immigrant defendants be deported?
Yes. Eluding a police car is a deportable offense because courts consider it a crime involving moral turpitude.6 Any non-citizen charged with this or other removable offenses should seek out an experienced attorney. The attorney may be able to convince prosecutors to dismiss or reduce the charges. Learn more about the criminal defense of immigrants in Colorado.
5. Can the record get sealed?
It depends on the specific charge:
|
Vehicular eluding conviction |
Record seal wait time in Colorado |
| Class 5 felony (no bodily injury) | Three years after the case ends. |
| Class 4 felony (bodily injury) | Three years after the case ends. |
| Class 3 felony (fatality) | Never. The conviction remains on the record forever. |
Note that charges that get dismissed may be sealed immediately.7 Learn how to seal Colorado criminal records.
Call our law firm for legal advice. We offer free consultations.
In California? See our article on California eluding laws (Vehicle Code 2800.1 VC)
In Nevada? See our article on Nevada eluding laws (NRS 484B.550).
Legal References
- CRS 18-9-116.5. HB 23-1293.
- CRS 14-4-1401; See also People v. Pena (Colo. App. 1997) 962 P.2d 285; People v. Esparza-Treto (Colo. App. 2011) 282 P.3d 471 (reckless driving is a lesser-included offense of vehicular eluding).
- People v. Sherwood (Colo. App. 2000) 5 P.3d 956.
- CRS 14-4-1413; see cases in note 2.
- CRS 18-9-116.5.
- Matter of Ruiz-Lopez (BIA 2011) 25 I&N Dec. 551; 8 USC 1227.
- CRS 24-72-703-6.