Eluding Arrest

Eluding Arrest in New Jersey

Understanding the Charge – and How Mark Bailey Can Help

In New Jersey, eluding is a serious criminal offense that goes far beyond a simple traffic ticket. When police allege that you failed to stop or tried to get away after they signaled you to pull over, you can be charged with eluding arrest under N.J.S.A. 2C:29-2(b). Depending on the circumstances, eluding can be charged as a third-degree or even a second-degree crime, exposing you to years in state prison, a felony record, and a long driver’s license suspension.

If you’re accused of eluding, it usually means:

• Police say you knew they were signaling you to stop

• You kept driving or sped up instead of pulling over

• Your driving allegedly created a risk of injury or death (for second-degree charges)

Because eluding often starts as a traffic stop and quickly turns into a felony accusation, you need an experienced defense lawyer to protect your rights from the very beginning.

How Attorney Mark Bailey Approaches Eluding Cases

Attorney Mark Bailey understands how quickly a routine traffic encounter can escalate into an eluding charge—sometimes based on confusion, fear, misunderstanding, or poor visibility rather than a true “chase.”

He takes a selective, hands-on approach, limiting the number of serious cases he handles so he can:

• Carefully review dashcam, bodycam, and surveillance video

• Examine radio transmissions, reports, and GPS data on speed, distance, and route

• Investigate whether police followed proper pursuit policies and procedures

• Challenge claims that you saw or heard the signal to stop

• Highlight circumstances such as unfamiliar roads, panic, medical issues, or safety concerns

Mr. Bailey’s goal is to humanize your situation, challenge exaggerations, and work to reduce or defeat the charge—whether through negotiation or trial.

What Is Eluding Under New Jersey Law?

Under N.J.S.A. 2C:29-2(b), a person commits eluding if, while operating a motor vehicle, they knowingly flee or attempt to flee after receiving a signal from a law enforcement officer to bring the vehicle to a full stop.

Key elements the State must prove:

1. You were operating a motor vehicle.

2. A law enforcement officer signaled you to stop (by lights, siren, or other clear means).

3. You knew you were being signaled to stop.

4. You knowingly fled or attempted to flee instead of stopping.

The law then looks at how you drove during the incident to determine whether the charge is third degree or second degree.

Third-Degree Eluding

In most cases, eluding is charged as a third-degree crime when:

• The State alleges you knowingly fled or attempted to flee,

• But claims there was no evidence that your driving created a serious risk of death or injury.

Penalties for third-degree eluding can include:

• 3 to 5 years in New Jersey State Prison

• A felony record

• Fines (often up to $15,000)

• A substantial driver’s license suspension

Even though third-degree crimes sometimes carry a presumption of non-incarceration for first-time offenders, an eluding conviction is still extremely serious and can affect employment, background checks, and professional licenses.

Second-Degree Eluding

Eluding becomes a second-degree crime when the flight from police creates a risk of death or injury to any person, including:

• Other drivers

• Pedestrians

• Passengers in your vehicle

• The pursuing officers

This “risk of death or injury” can be based on allegations such as:

• High-speed driving

• Running red lights or stop signs

• Weaving through traffic

• Driving the wrong way

• Fleeing through crowded or residential areas

Penalties for second-degree eluding are much harsher and can include:

• 5 to 10 years in New Jersey State Prison

• A strong presumption of incarceration, even for many first offenders

• A significant driver’s license suspension

• Fines that can reach tens of thousands of dollars

• A permanent felony record

Because second-degree charges are so severe, a major focus of defense strategy is often to challenge the claim that your driving created a substantial risk or to negotiate a reduction to third-degree or a lesser offense.

Motor Vehicle Consequences

In addition to criminal penalties, eluding prosecutions often come with separate traffic violations and motor vehicle consequences, which can include:

• Long-term driver’s license suspension or revocation

• Insurance surcharges and dramatically higher premiums

• Points, fines, and other MVC penalties

For many people, losing their license can be just as devastating as the criminal case, especially if they need to drive for work or family responsibilities. Mark Bailey will look at both the criminal and motor vehicle aspects of your situation and develop a strategy that considers the full picture.

Common Defenses and Issues in Eluding Cases

Every eluding case is different, but frequently raised defense themes and issues include:

• Lack of knowledge – You did not realize police were signaling you, or you thought it was unsafe to stop immediately (for example, on a dark shoulder, dangerous curve, or high-speed roadway).

• Identity and vehicle issues – Questions about whether you were the actual driver or whether the right car was pursued or identified.

• Compliance in a reasonable time – You were simply looking for a safe place to pull over, and the State is mischaracterizing the delay as “flight.”

• No real risk of injury – In second-degree cases, pushing back on claims of “risk” based on the specific road, speed, traffic conditions, and distance involved.

• Pursuit policy violations – Police pursuit guidelines exist for a reason; if officers ignored them, that can affect both the fairness of the case and how a judge views the situation.

Mark Bailey will scrutinize all of these issues—often using video, expert testimony, and detailed analysis—to weaken the prosecution’s case.

Why You Should Not Treat Eluding Like Just Another Ticket

Because eluding often begins with a simple traffic stop, some people mistakenly view it as a traffic matter that will “work itself out.” In reality:

• Eluding is a serious felony-level charge (indictable offense).

• A conviction can mean years in prison, not just days in county jail.

• It can bar you from certain jobs, affect licenses, and show up on every background check.

Before you make any decision, sign anything, or appear in court alone, you should speak with a lawyer who understands how to challenge eluding charges and protect your future.

The Law Office of Mark A. Bailey is committed to defending individuals accused of serious motor vehicle and criminal offenses, including eluding, DWI, and related charges.

Contact Mark Bailey today for a confidential consultation to discuss your eluding charge, your rights, and the best strategy for moving forward.