Holding Court: Fleeing Driver Update
Holding Court is a new series by retired Rye City Court Judge Joe Latwin. Latwin retired from the court in December 2022 after thirteen years of service to the City.
By Joe Latwin
We’ve been following a case involving a driver fleeing from police (Holding Court: Case @ Fleeing Rye PD Officer & Holding Court, Special Update: In Pursuit of the Fleeing Driver).
The case returned to Rye City Court on March 28th.
Upon the case being called, the defendant’s attorney reported on the Record that the District Attorney’s Office had provided discovery. The Assistant District Attorney then conveyed a plea offer. The People were willing to accept a plea to Unlawful Fleeing in the Third Degree in satisfaction of all the charges.
Penal Law § 270.25 says,
“A person is guilty of unlawful fleeing a police officer in a motor vehicle in the third degree when, knowing that he or she has been directed to stop his or her motor vehicle by a uniformed police officer or a marked police vehicle by the activation of either the lights or the lights and siren of such vehicle, he or she thereafter attempts to flee such officer or such vehicle by driving at speeds which equal or exceed twenty-five miles per hour above the speed limit or engaging in reckless driving . . . .”
Unlawful fleeing a police officer in a motor vehicle in the third degree is a class A misdemeanor.
If the defendant accepts the offer, he will have a criminal conviction. The Court indicated the defendant would be subject to a conditional discharge, no jail time, a $250 fine, $200 in mandatory surcharges, a one-year drivers’ license suspension, but no points will be assessed on his license.
The case was adjourned to April 25th to allow the defendant and his attorney to discuss whether to take the offer, and raise the fine money.
If you were the defendant, would you take the offer? Leave a comment below.
