Denver Vehicular Eluding – Reckless Driving

In Colorado, vehicular eluding becomes a felony when a driver knowingly attempts to flee from police while driving in a reckless manner. Even without injury or property damage, this offense carries harsh penalties — including potential prison time, mandatory license revocation, and a permanent felony record.

The Law – C.R.S. 18-9-116.5(2)(a)

A person commits vehicular eluding if, while operating a motor vehicle, and knowing or reasonably should know that they are being pursued by a peace officer in a motor vehicle, they knowingly attempt to elude the officer and drive in a reckless manner.

This is charged as a Class 5 Felony, punishable by:

• 1–3 years in the Colorado Department of Corrections, or up to 6 years in aggravated cases, and
• $1,000–$100,000 in fines (plus court costs and surcharges).

Under C.R.S. 42-2-125(1)(c), a felony conviction involving the use of a motor vehicle also results in mandatory driver’s-license revocation.

What the Prosecution Must Prove

To secure a conviction, prosecutors must show beyond a reasonable doubt that you:

1. Were the driver of a motor vehicle,
2. Knew or reasonably should have known that you were being pursued by a peace officer,
3. Knowingly attempted to elude that officer, and
4. Operated your vehicle in a reckless manner — showing willful and wanton disregard for others’ safety.

Importantly, careless driving is not enough to meet the “reckless” element. Prosecutors often overcharge in borderline cases where the driving was aggressive but not truly reckless.

Defending Vehicular Eluding Charges

Common defense strategies include:

• Knowledge: Did you actually know police were pursuing you? Unmarked or poorly lit vehicles can create genuine confusion.
• Recklessness: Was your driving truly reckless, or merely negligent under stress or confusion?
• Identity: Can the state prove who was driving at the time of pursuit?
• Procedural Errors: Faulty police reports, missing dashcam footage, or rights violations can undermine the state’s case.
• Negotiation: In certain cases, reducing a felony eluding charge to a misdemeanor or traffic offense may be possible with strong mitigation and experienced advocacy.

Why Experience Matters

Vehicular eluding cases often hinge on seconds of driving behavior and split-second decisions. With over 20 years of criminal-traffic defense experience across Denver and the Front Range, I understand how prosecutors build — and sometimes overreach — in these cases. I work directly with every client to investigate the evidence, challenge the allegations, and pursue the best outcome possible.

Call a Denver Vehicular Eluding Lawyer

If you’ve been charged with vehicular eluding involving reckless driving, act quickly — these cases move fast and carry lifelong consequences.

Call Monte Robbins, Denver Vehicular Eluding Lawyer, at 303-355-5148 for a free, confidential consultation. You’ll speak directly with me — not an assistant or call screener.