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

East Hampton, NY |

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

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 ?

Attorney Answers 6

Posted

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. The Law Offices of Scott Gross, PC 631-456-2326 Scottgrosslaw.com

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Posted

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 substitution for a meeting whereas all potential legal issues can be discussed.

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Posted

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. Feel free to check out my web site and contact me at (212) 577-9797 or via email at Eric@RothsteinLawNY.com. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. The above answer is for informational purposes only and not meant as legal advice.

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5 comments

Joseph A Lo Piccolo

Joseph A Lo Piccolo

Posted

Penal Law 270 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

Eric Edward Rothstein

Eric Edward Rothstein

Posted

§ 270.00 Unlawfully dealing with fireworks and dangerous fireworks. ?????

Joseph A Lo Piccolo

Joseph A Lo Piccolo

Posted

Bad cite. There is def a charge. It's escaping me now 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

Eric Edward Rothstein

Eric Edward Rothstein

Posted

People can run from the police. The only thing I can think of is the VTL section for not obeying an officer.

Jim Mitchell Medley

Jim Mitchell Medley

Posted

Good point

Posted

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.

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Posted

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

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Posted

It is critical that you have an attorney for both the forfeiture and the criminal cases.

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