Expertise - Best DUI Lawyers in Denver 2020

Denver Eluding the Police

Denver eluding the police lawyer Monte Robbins defends drivers charged with eluding in the Denver metro area. These cases range from misdemeanor eluding during a short pursuit to felony vehicular eluding causing injury or death. Colorado prosecutors treat eluding the police as a serious offense, even when no one is hurt. The penalties can include jail, prison, restitution, and license revocation.

With over 20 years of criminal traffic defense experience, I handle every eluding case personally — from investigation to trial — to protect your rights, your license, and your future.

Understanding Denver Eluding the Police Charges

Colorado law defines several degrees of eluding, depending on the risk and harm caused during the incident:

Charge Type	Statute	Classification	Potential Penalties
Misdemeanor Eluding	C.R.S. 42-4-1413	Class 2 Misdemeanor Traffic Offense	Up to 1 year in jail, $150–$300 fine, 12 points
Felony Vehicular Eluding – Reckless Driving	C.R.S. 18-9-116.5(1)	Class 5 Felony	1–3 years DOC, $1,000–$100,000 fine
Felony Vehicular Eluding – Serious Bodily Injury	C.R.S. 18-9-116.5(2)(a)	Class 4 Felony	2–6 years DOC, $2,000–$500,000 fine
Felony Vehicular Eluding – Death	C.R.S. 18-9-116.5(2)(b)	Class 3 Felony	4–12 years DOC, $3,000–$750,000 fine

License and CDL Consequences

Under C.R.S. 42-2-125(1)(c), a felony eluding conviction involving a motor vehicle triggers mandatory driver’s license revocation by the Colorado DMV.

For commercial drivers, felony vehicular eluding is a major disqualifying offense under 49 CFR § 383.51(b) because it involves using a vehicle to commit a felony. A conviction can result in a one-year CDL disqualification (or three years if hazardous materials were involved).

By contrast, misdemeanor eluding under C.R.S. 42-4-1413 is not listed as a federal disqualifier. Related offenses like reckless driving can affect CDL status, but careless driving — even with injury — does not create federal disqualification by itself.

Is Eluding the Police a Habitual Traffic Offender (HTO) Strike?

No. Misdemeanor or felony eluding by itself is not an HTO strike under C.R.S. 42-2-202.

Also, careless driving causing injury or death only contributes to HTO when it’s paired with leaving the scene under C.R.S. 42-4-1601 (i.e., a hit-and-run component). By contrast, other qualifying offenses (e.g., reckless driving, DUI/DWAI, vehicular assault, or vehicular homicide can count toward HTO status; three qualifying convictions in 7 years trigger the five-year revocation.

Key Legal Distinctions

Misdemeanor Eluding (C.R.S. 42-4-1413) requires a marked patrol vehicle and proof the driver knowingly attempted to elude a pursuing officer.
Felony Vehicular Eluding (C.R.S. 18-9-116.5) does not require a marked patrol vehicle. The prosecution must prove the driver knew or reasonably should have known that law enforcement was signaling them to stop.
Most cases involve short attempts to avoid a stop — not high-speed pursuits — yet Colorado law punishes even brief eluding as a serious crime.

Defense Strategies for Eluding the Police

Defending an eluding case requires careful analysis of police procedures and evidence. Common defense issues include:

Identity: Can prosecutors prove who was driving?
Knowledge: Did the driver know police were attempting a stop?
Vehicle Identification: Was the pursuing vehicle clearly marked?
Causation: Did the alleged driving cause injury or damage?
Constitutional Violations: Were there unlawful stops or Miranda violations?
Video Evidence: Dashcam or surveillance often reveals inconsistencies.

Victim Rights Act (VRA) Connections

Eluding itself is not a Victim Rights Act (VRA) offense. However, if the eluding leads to careless driving causing serious bodily injury or death, vehicular assault, or vehicular homicide, the case may become a VRA-eligible matter. That changes how prosecutors and courts handle victim involvement, restitution, and sentencing.

Why You Need a Denver Eluding the Police Lawyer

Eluding cases blend criminal, traffic, and DMV law. They often involve pursuit reports, forensic analysis, and multiple police agencies. Having an experienced Denver eluding the police lawyer who understands every aspect of these cases is critical.

I’ve defended hundreds of traffic-related criminal cases throughout Denver and surrounding counties. My goal is to protect your record, your license, and your freedom — while exposing weaknesses in the prosecution’s case.

Call Me Today

If you’ve been charged with eluding the police in Denver, don’t face it alone. These cases move quickly and carry lasting consequences.

Call 303-355-5148 for a free, confidential consultation.

You’ll speak directly with Monte Robbins — not an assistant or intake screener.

Client Reviews

An excellent lawyer choice for my son who was charged with driving while his license was revoked. DMV had mistakenly sent (3) letters of revocation to the incorrect address, so I hired Monty to prove that my son never knew his license was revoked. Monty kept me informed at all times as to what was...

Linda

I consulted three other attorneys on my traffic offense in Colorado and none of them thought I could beat it. Then I consulted with Monte Robbins. He not only relieved my warrant without my presence in Colorado, but he got my habitual driving offense reduced to an infraction. I was up against the...

Steve

I hired Monte J. Robbins to represent me. He gave 110% to my case never rushed me off the phone, quick to gather all information regarding my case. Monte is very knowledgeable and helped me out a lot. He kept me informed every step of the way through my case. I was always able to get a hold of him...

Jeremy