Denver Misdemeanor Eluding the Police

If you’ve been accused of misdemeanor eluding in Denver, you’re facing a criminal traffic offense that can lead to jail, fines, a 12-point license hit, and a permanent record. As a Denver misdemeanor eluding lawyer, I defend drivers accused of attempting to evade police stops — protecting their rights, their license, and their future.

The Law – C.R.S. 42-4-1413

Colorado law makes it illegal for a driver to ignore or evade a lawful police stop.

A person commits misdemeanor eluding when they:

• Are being lawfully stopped by a police officer with reasonable grounds to believe a violation occurred,
• Receive a visual or audible signal (such as red lights or a siren) from a marked police, sheriff, or state patrol vehicle, and
• Willfully increase speed, turn off lights, or otherwise attempt to elude the officer.

Even a short delay in pulling over after a clear signal can lead to charges — you don’t need to be in a high-speed pursuit to be accused of eluding.

Penalties for Misdemeanor Eluding in Denver

• Classification: Class 2 Misdemeanor Traffic Offense
• Jail: Up to 90 days in county jail
• Fines: $150 – $300
• License: 12 DMV points (C.R.S. 42-2-127) — often enough to trigger suspension
• Other Consequences: Restitution, probation, insurance rate hikes, and a criminal record

While misdemeanor eluding alone is not a Habitual Traffic Offender (HTO) strike, additional convictions can still lead to long-term license issues or revocation.

Key Legal Insight – Multiple Counts Possible

In People v. McMinn, 2013 COA 94, 412 P.3d 551, the Colorado Court of Appeals held that a defendant may be charged with multiple counts of eluding arising from a single incident when each attempt to flee different pursuing officers represents a new volitional act.

That means if several officers are involved in a chase, the prosecution may file separate counts — even if it’s one continuous pursuit.

This underscores how aggressively prosecutors can charge these cases, and why having an experienced Denver misdemeanor eluding lawyer matters.

Defenses in Denver Misdemeanor Eluding Cases

Possible defense strategies include:

• No lawful signal: The officer’s lights or siren weren’t properly visible or audible.
• Unmarked vehicle: The pursuing car wasn’t distinctively marked as required by law.
• No willful intent: You didn’t intentionally try to flee or avoid the officer.
• Mistaken identity: The state can’t prove who was driving.
• Constitutional issues: An unlawful stop or seizure taints the case.

Why Hire a Denver Misdemeanor Eluding Lawyer

Police often overcharge minor traffic misunderstandings as eluding. An experienced Denver misdemeanor eluding attorney can challenge the officer’s observations, ensure statutory compliance, and work toward dismissal or reduction.

With over 20 years defending drivers across Colorado, I handle every case personally — no hand-offs to junior lawyers.

Call Me Today

If you’ve been charged with misdemeanor eluding the police in Denver, call 303-355-5148 for a free, confidential consultation.

You’ll speak directly with Monte Robbins — not a call screener or assistant.