Colorado Springs Eluding Lawyer
Colorado Springs Eluding Defense
On This Page
- Charged With Eluding in Colorado Springs?
- Two Different Eluding Charges
- Eluding a Police Officer
- Vehicular Eluding
- The Evidence in a Pursuit Case
- License Points and Revocation
- Charges Often Filed With Eluding
- How an Eluding Case Moves Through Court
- How Eluding Charges Are Defended
- Consequences Beyond the Sentence
- Working With a Colorado Springs Eluding Lawyer
- Frequently Asked Questions
- Sources
Charged With Eluding in Colorado Springs?
Eluding charges arise when police say a driver failed to stop for lights and a siren, or drove away from an officer who was trying to make a stop. Some cases involve a long, high-speed pursuit. Many others involve a driver who took a few blocks to pull over, did not notice the patrol car, or panicked for a moment before stopping.
Colorado treats these situations very differently depending on how the person drove. Simply failing to stop can be a misdemeanor traffic offense. Driving recklessly while knowingly fleeing a pursuing officer is a felony, and the penalties rise sharply if anyone is hurt.
This page explains both eluding charges, the penalties and license consequences, the charges that are usually filed alongside them, and how eluding cases are defended in El Paso County and the surrounding counties.
What to Do After an Eluding Arrest
- Do not explain why you did not stop without a lawyer. Explanations given at the scene are often recorded and used to prove you knew police were behind you.
- Write down the route and timing for your lawyer only: where you first saw lights, how far you drove, and where you stopped.
- Identify video sources. Dash cameras, business cameras along the route, and your own phone may show what happened.
- Do not drive if your license was taken or if you are unsure whether it is valid. Driving under restraint adds a separate charge.
- Follow bond conditions closely, especially any conditions about driving or alcohol.
Two Different Eluding Charges
Colorado has two separate eluding offenses. They have different elements and very different penalties, and prosecutors often file both for the same incident.
| Charge | Statute | Key Elements | Level |
|---|---|---|---|
| Eluding a police officer | C.R.S. 42-4-1413 | Driver receives a signal to stop from a marked police vehicle and willfully speeds up, turns off lights, or otherwise tries to elude | Class 2 misdemeanor traffic offense |
| Vehicular eluding | C.R.S. 18-9-116.5 | Driver knowingly eludes a peace officer who is also driving, knows or should know they are being pursued, and drives recklessly | Class 5 felony, higher if someone is hurt or killed |
Colorado courts have held that the misdemeanor offense is not a lesser included offense of the felony, so a person can be convicted of both. Reckless driving, however, is a lesser included offense of vehicular eluding.
Eluding a Police Officer
Under C.R.S. 42-4-1413, a driver commits this offense when all of the following are true:
- An officer had reasonable grounds to believe the driver violated a state law or city ordinance.
- The driver received a visual or audible signal to stop, such as a red light or siren.
- The signal came from an officer driving a marked vehicle showing it to be a police, sheriff, or Colorado State Patrol car.
- The driver willfully increased speed, turned off the vehicle's lights, or willfully tried in some other way to elude the officer, or did elude the officer.
This is a class 2 misdemeanor traffic offense. Under C.R.S. 42-4-1701, it carries 10 to 90 days in jail, a fine of $150 to $300, or both. The jail sentence can be suspended, and community service and restitution can be added.
The requirement of a marked vehicle is important. A signal from an unmarked car may not satisfy this statute, though it may still be relevant to other charges.
Vehicular Eluding
Under C.R.S. 18-9-116.5, vehicular eluding requires proof that the driver:
- knowingly eluded or attempted to elude a peace officer,
- while the officer was also operating a motor vehicle,
- knew or reasonably should have known they were being pursued by that officer, and
- operated the vehicle in a reckless manner.
The reckless driving element is what separates the felony from the traffic offense. Courts have treated it as essentially the same as the wanton or willful disregard for safety required for reckless driving. A driver who slowly continued at the speed limit for a short distance before stopping is in a very different position from one who ran red lights at high speed.
| Result | Charge | Presumptive Sentence |
|---|---|---|
| No injury | Class 5 felony | 1 to 3 years in prison and a fine of $1,000 to $100,000 |
| Bodily injury to another person | Class 4 felony | 2 to 6 years in prison and a fine of $2,000 to $500,000 |
| Death of another person | Class 3 felony | 4 to 12 years in prison and a fine of $3,000 to $750,000 |
The sentence ranges come from C.R.S. 18-1.3-401. Probation and community corrections are possible in many cases, especially for people with little or no record and no injury.
Multiple Counts From One Pursuit
A long pursuit can lead to more than one count. The Colorado Court of Appeals has held that a driver can be convicted of separate vehicular eluding counts when there are discrete acts of eluding, such as fleeing different officers at different times and places. How the prosecution divides a single event into counts is often a point of negotiation and legal challenge.
The Evidence in a Pursuit Case
Eluding cases are built from records that the police department controls. Getting all of them early, and comparing them with each other, is often the most important work in the case.
- Dash camera video from every patrol car involved, which shows when the emergency lights and siren were activated and how the car being followed was driven.
- Body camera video from the stop and the arrest, including what the driver said at the scene.
- Dispatch and radio recordings, which show the timeline, the speeds officers reported, and whether a supervisor ordered the pursuit ended.
- Vehicle location and speed data from patrol cars, which can confirm or contradict the speeds in the written report.
- Pursuit reports and policy reviews. Police agencies have written pursuit policies, and an officer's report often has to explain why a pursuit began and continued.
- Video from businesses and homes along the route, and from the driver's own dash camera or phone.
- Vehicle data from the driver's car, such as speed and braking records stored by the car or a telematics app.
Written reports are often prepared hours after a pursuit, when adrenaline and memory affect the details. When the video shows a shorter distance, lower speeds, or a driver signaling to pull over, the case can change significantly.
What to Do When Police Signal You to Stop
If you see emergency lights behind you, turn on your turn signal, slow down, and pull to the right as soon as it is safe. If there is no safe place to stop, slow down, turn on your hazard lights, and continue at a reduced speed to the nearest well-lit, safe location. If you are unsure whether the vehicle is really a police car, you can call 911 to confirm while you drive slowly and signal. Those steps protect your safety and show that you were not trying to elude.
License Points and Revocation
The driver's license consequences of an eluding conviction can be as serious as the sentence.
- 12 points. Under C.R.S. 42-2-127, eluding or attempting to elude a police officer carries 12 points. For an adult, 12 points in 12 months is enough for a suspension, so a single conviction can cost your license.
- Felony revocation. Under C.R.S. 42-2-125, the Division of Motor Vehicles must revoke the license of a person convicted of any felony in which a motor vehicle was used. The revocation lasts at least one year.
- Reckless driving. A reckless driving conviction carries 8 points, and three reckless driving convictions bring a mandatory revocation.
- Drivers under 21 face lower point thresholds, so an eluding conviction will almost always lead to a suspension.
- Commercial drivers can lose their CDL, even when the offense happened in a personal vehicle.
A plea to a lesser traffic offense can sometimes avoid these consequences. See our traffic offense page and our DMV hearing page.
Charges Often Filed With Eluding
- Reckless driving, a class 2 misdemeanor traffic offense under C.R.S. 42-4-1401
- DUI or DUID, when police believe the driver was impaired. See our DUI page.
- Driving under restraint, when the license was suspended or revoked at the time
- Vehicular assault or vehicular homicide, when a pursuit ends in a crash with injuries or a death
- Motor vehicle theft, when the car was reported stolen
- Resisting arrest or obstructing a peace officer, when the driver ran from the car after it stopped
- Criminal mischief, for damage to police cars or other property
- Weapons or drug charges, based on items found in the car
Prosecutors often file every available charge at the start. The eluding count is sometimes used as leverage to resolve the other charges, and the reverse is also true.
How an Eluding Case Moves Through Court
Misdemeanor eluding cases in El Paso County are heard in El Paso County Court, and vehicular eluding in El Paso County District Court, both at the El Paso County Judicial Building, 270 S. Tejon Street. Teller County cases are heard at the Teller County Combined Court in Cripple Creek. We also handle eluding cases in Pueblo County and Fremont County.
- Arrest and bond. Felony eluding usually begins with an arrest. Bond conditions may restrict driving or require alcohol monitoring.
- Charges filed. The District Attorney reviews pursuit reports, radio traffic, and video to decide whether to file the felony, the misdemeanor, or both.
- Preliminary hearing. In many felony cases, you can request a hearing where a judge decides whether there is probable cause.
- Discovery. Your lawyer obtains dash camera and body camera video, dispatch recordings, any pursuit policy reports, and GPS or speed data.
- Negotiation and motions. Many eluding cases are reduced at this stage, for example to the misdemeanor offense or to reckless driving.
- Trial. If the case does not resolve, a jury decides whether the prosecution has proven every element beyond a reasonable doubt.
How Eluding Charges Are Defended
Eluding cases are often recorded from start to finish, but the recordings show what officers saw, not what the driver saw. No lawyer can promise a particular result, but these are the defenses that come up most often.
The Driver Did Not Know Police Were Signaling
Both charges require the driver to know, or have reason to know, that police were trying to stop them. Loud music, heavy traffic, a patrol car approaching from a distance, or lights that were turned on only briefly can all mean the driver did not realize what was happening.
Looking for a Safe Place to Stop
Many drivers continue a short distance to find a shoulder, a well-lit lot, or an exit. Driving at normal speed with a turn signal on while looking for a safe place to stop is not eluding, and video often shows exactly that.
No Reckless Driving
The felony requires reckless driving. If the driver obeyed traffic signals and drove at or near the speed limit, the felony charge may not be supported, even if the driver took longer than expected to stop.
Unmarked Vehicles and Identity of the Pursuer
The misdemeanor charge requires a signal from a marked police vehicle. A driver who did not recognize an unmarked car as police may also lack the knowledge required for the felony.
Identification of the Driver
When a car is found abandoned after a pursuit, the prosecution must prove who was driving. Ownership of the car is not enough.
Duress and Emergencies
In rare cases, a driver continues because of a genuine emergency, such as a medical crisis or fear of an imminent threat. These situations need careful documentation.
The Number of Counts
Where one event has been split into several counts, the defense can challenge whether each count reflects a separate act of eluding.
Consequences Beyond the Sentence
- Your license. Twelve points, possible suspension, and mandatory revocation for a felony conviction.
- Insurance. An eluding conviction usually brings a large increase in insurance premiums or cancellation.
- A felony record. Vehicular eluding is a felony that appears on background checks and ends firearm rights.
- Employment. Jobs that require driving, including commercial, delivery, and rideshare work, are often lost after an eluding conviction.
- Immigration. Felony convictions can affect immigration status. Non-citizens should get advice before entering any plea.
- Military members. Service members at Fort Carson, Peterson and Schriever Space Force Bases, and the Air Force Academy can face command action and loss of base driving privileges.
- Your record. Some eluding convictions and dismissed cases can be sealed after a waiting period. See our record sealing page.
Working With a Colorado Springs Eluding Lawyer
Attorney Michael W. Moran has been licensed to practice law in Colorado since 1995 and is a former municipal court judge. He represents people charged with eluding, vehicular eluding, reckless driving, and related traffic and felony charges in El Paso, Teller, Pueblo, and Fremont counties.
Early work in an eluding case focuses on the video and the timeline: when the lights came on, how far the car traveled, and how it was driven. A first meeting covers those facts, the license consequences, and the realistic outcomes in your case.
Criminal Defense Colorado Springs, P.C. offers free, confidential consultations.
Frequently Asked Questions
Is eluding a felony in Colorado?
It can be. Eluding a police officer is a class 2 misdemeanor traffic offense. Vehicular eluding, which requires reckless driving while knowingly fleeing a pursuing officer, is a class 5 felony, a class 4 felony if someone is injured, and a class 3 felony if someone dies.
What is the difference between eluding and vehicular eluding?
Eluding a police officer covers a driver who willfully fails to stop for a marked police car's signal. Vehicular eluding adds reckless driving and a pursuing officer, and it is a felony.
How many points is eluding in Colorado?
Eluding or attempting to elude a police officer carries 12 points, which is enough for an adult's license to be suspended on that conviction alone.
Will I lose my license for vehicular eluding?
A felony conviction in which a motor vehicle was used requires the Division of Motor Vehicles to revoke the license for at least one year.
What is the sentence for vehicular eluding?
Without injuries, vehicular eluding is a class 5 felony with a presumptive range of 1 to 3 years in prison. Probation is possible in many cases.
Is it eluding if I was looking for a safe place to pull over?
Driving a short distance at normal speed to find a safe place to stop is generally not eluding. Using your turn signal and hazard lights helps show your intent. Video and the timeline are usually the key evidence.
Can I be charged with both eluding offenses?
Yes. Colorado courts treat the misdemeanor and the felony as separate offenses, so both can be charged and both can result in convictions.
Can an eluding charge be reduced?
Often, yes. Depending on the evidence, a vehicular eluding charge may be reduced to the misdemeanor eluding offense, reckless driving, or careless driving.
Sources
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