Man Charged with Eluding Receives PTI in Bergen County

Eluding in Hackensack NJ

One of the attorneys from my office, Keith G. Oliver just finished representing an individual who was charged with Eluding in the township of Lodi. The defendant was also charged with several other motor vehicle violations, such as careless driving, driving while suspended and speeding. Since, eluding is a felony offense in New Jersey, this matter was transferred to the Bergen County Prosecutor’s Office for review. If the Defendant was convicted of the eluding offense alone, he could be facing up to ten years in a New Jersey State Prison. The governing statue in New Jersey for Eluding is N.J.S.A. 2C:29-2. Which in pertinent part states that:

a. (1) Except as provided in paragraph (3), a person is guilty of a disorderly persons offense if he purposely prevents or attempts to prevent a law enforcement officer from effecting an arrest . (2) Except as provided in paragraph (3), a person is guilty of a crime of the fourth degree if he, by flight, purposely prevents or attempts to prevent a law enforcement officer from effecting an arrest. (3) An offense under paragraph (1) or (2) of subsection a. is a crime of the third degree if the person:

(a) Uses or threatens to use physical force or violence against the law enforcement officer or another; or

(b) Uses any other means to create a substantial risk of causing physical injury to the public servant or another.

It is not a defense to a prosecution under this subsection that the law enforcement officer was acting unlawfully in making the arrest, provided he was acting under color of his official authority and provided the law enforcement officer announces his intention to arrest prior to the resistance.

b. Any person, while operating a motor vehicle on any street or highway in this State or any vessel, as defined pursuant to section 2 of P.L.1995, c . 401 (C.12:7-71), on the waters of this State, who knowingly flees or attempts to elude any police or law enforcement officer after having received any signal from such officer to bring the vehicle or vessel to a full stop commits a crime of the third degree; except that, a person is guilty of a crime of the second degree if the flight or attempt to elude creates a risk of death or injury to any person. For purposes of this subsection, there shall be a permissive inference that the flight or attempt to elude creates a risk of death or injury to any person if the person’s conduct involves a violation of chapter 4 of Title 39 or chapter 7 of Title 12 of the Revised Statutes. In addition to the penalty prescribed under this subsection or any other section of law, the court shall order the suspension of that person’s driver’s license, or privilege to operate a vessel, whichever is appropriate, for a period of not less than six months or more than two years.

After reviewing the preliminary discovery, Mr. Oliver had the defendant apply to the Pre Trial Intervention Program (“PTI”). PTI is a diversionary program in New Jersey, whereby if you complete all of the terms imposed by the Judge without issue; the pending felony indictable charges will be dismissed outright. To be accepted into the PTI program, a defendant needs to get the approval of both the Bergen County Probation Department and the Bergen County Prosecutor’s Office. However, with that being said, the prosecutor’s office can override a probation departments rejection if they see fit. That is precisely what happened in the case at hand, the probation department rejected the defendant from the PTI program but my office was able to convince the prosecutor and Judge that the Defendant should be afforded the opportunity to participate in the PTI program. Therefore, the defendant who was facing up to ten years, has the potential to walk away from this serious charge without a criminal record let alone spending one night in jail.