Larimer Vehicular Eluding Lawyer
Felony Vehicular Eluding Vs. Eluding a Police Officer

If you've been charged with Vehicular Eluding, be smart, exercise your right to remain silent, and contact O’Malley Law Office at 970-658-0007 today.

In Fort Collins and Larimer County, there are two different types of Eluding that can be charged –Vehicular Eluding or Eluding a Police Officer. A person is charged with Eluding if they are accused of trying to get away from law enforcement officers when they know they are being pulled over. We often relate Eluding to high-speed chases, but they don’t have to be that dramatic and dangerous. We have seen cases where someone doesn’t pull over within a block and the police officer backs off and the person is later contacted and charged with Eluding.  Let’s take a look at these two criminal charges.

Loveland Vehicular Eluding Attorney: How is Vehicular Eluding Charged in Colorado?

The Loveland, Colorado law definition of Vehicular Eluding – C.R.S. 18-9-116.5 – is:

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.

Vehicular Eluding is a class 5 felony, unless one of the following aggravators apply:

  • If the Vehicular Eluding results in bodily injury to another person, it is a class 4 felony;
  • If the Vehicular Eluding results in death to another person, it is a class 3 felony.

The class 5 felony Vehicular Eluding is punishable by 1 to 3 years in the Colorado Department of Corrections; the class 4 felony is punishable by 2 to 6 years in DOC; and the class 3 felony Vehicular Eluding is punishable by 4 to 12 years in prison.

Fort Collins Eluding a Police Officer Lawyer: Definition of Eluding or Attempting to Elude a Police Officer in Colorado

The Fort Collins, Colorado law definition of Eluding or Attempting to Elude a Police Officer – C.R.S. 42-4-1413 – is:

Any operator of a motor vehicle who the officer has reasonable grounds to believe has violated a state law or municipal ordinance, who has received a visual or audible signal such as a red light or a siren from a police officer driving a marked vehicle showing the same to be an official police, sheriff, or Colorado state patrol car directing the operator to bring the operator’s vehicle to a stop, and who willfully increases his or her speed or extinguishes his or her lights in an attempt to elude such police officer, or willfully attempts in any other manner to elude the police officer, or does elude such police officer commits a class 2 misdemeanor traffic offense.

The class 2 misdemeanor traffic offense is punishable by 10 to 90 days in the Larimer County Jail. The difference between these two crimes is the type of driving surrounding the eluding. For the felony Vehicular Eluding, the person must drive in a reckless manner. For the Eluding a Police Officer, the person must increase the speed, turn off their lights, or attempts any other action in an attempt to elude.


If you or someone you love has been charged with Eluding, be smart, exercise your right to remain silent, and contact the best criminal defense attorneys from the O’Malley Law Office at 970-658-0007 to schedule a free initial consultation. Together, we can protect your future.

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