What is the punishment for fleeing a police officer in a car?

Asked 6 months ago - East Hampton, NY

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Than being charged with a dwi. No prior dwi charges or offenses.

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Now they have seized my car based on the Suffolk county seizure law. I have a hearing about it. How likely is in to be sold at auction, or will the return it to me ?

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Attorney answers (6)

  1. Licensed in NY

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    Ronkonkoma Criminal Defense Attorney
    Contributor Level 12

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    Answered November 25, 2012 15:29. Th maximum sentence is one year in jail. You will do much better with an attorney

    Scott Gross
    Former Suffolk Prosecutor
    516-662-7995

    This is not a solicitation nor is it legal advice. An attorney/client relationship has not been established.... more
  2. Licensed in NY

    Garden City DUI / DWI Attorney
    Contributor Level 20

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    Answered November 25, 2012 15:34. 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)
    Jlopiccolo@hbclaw.net

    I am a criminal defense attorney practicing in Nassau, Suffolk and New York City. The above information is not a... more
  3. Licensed in NY

    New York Personal Injury Lawyer
    Contributor Level 20

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    Answered November 25, 2012 15:45. 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.

    I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases.... more
  4. Licensed in NY

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    Mamaroneck DUI / DWI Attorney
    Contributor Level 17

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    Answered November 25, 2012 18:43. 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.

  5. Licensed in NY

    Syracuse DUI / DWI Attorney
    Contributor Level 13

    8

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    Answered November 26, 2012 08:41. 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

  6. Licensed in NY

    Riverhead DUI / DWI Attorney
    Contributor Level 8

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    Answered November 28, 2012 10:33. It is critical that you have an attorney for both the forfeiture and the criminal cases.

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