Joseph A Lo PiccoloCriminal Defense AttorneyGarden City, NY ·
Both are "A" misdemeanors carrying up to 1 year in jail, 3 years probation or a combination of the two.
Joseph A. Lo Piccolo, Esq.
Immediate Past President, Criminal Courts Bar Association 11'-12'
Hession Bekoff & Lo Piccolo
1103 Stewart Ave, Suite 200
Garden City, NY 11530
516-408-3666 (o) / 516-408-3833 (f)
[email protected]
There is no charge for fleeing a police officer. However, you could be charged with reckless driving or reckless endangerment. There is a VTL charge for failing to obey a police officer.
If you are settling a debate with a bar room friend I would not answer this for free. If you are charged with eluding and / or DWI you are in big trouble retain counsel ASAP.
There is a charge for fleeing in a motor vehicle ... actually there are three. Penal Law sections 270.25, 270.30 and 270.35 define "Unlawful fleeing a police office in a motor vehicle" in the third, second, and first degrees, respectively. These charges are an "A" misdemeanor, and an "E" and a "D" felony. Thus the least serious of the three caries up to one (1) year in local jail as noted elsewhere. You may also be charged with Failure to Comply, a simple two (2) point infraction under the Vehicle and Traffic Law. In any event, find yourself a qualified DWI attorney who can discuss the charges against you and the potential sentence that might be handed down by the court.
Christopher I. Simser, Sr.
Anelli Xavier
269 West Jefferson Street
Second Floor
Syracuse, NY 13202