Q: I let another individual / friend use my vehicle for personal reasons and a crime of eluding was committed in my vehicle
Whereas the borrower was in possession of my vehicle. Now the police issued 12 MV summons in my name for the motor vehicle incident. In which I wasn't present. What should I do?
A: You need to immediately hire a lawyer and a good one. Although you have not listed your charges in general an eluding charge is a 2nd degree charge punishable by up to 10 years in prison and a second degree offense has a presumption of incarceration in state prison. The long you wait the worse things will get because you will need to subpoena video evidence of where your car drove past and hopefully someone has a video in which it can be seen that another person was driving your car. If you wait to hire a good lawyer that evidence will be overwritten and gone forever and so may your best defense.
A: This is the statute: 2C:29-2 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 persons 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 persons drivers license, or privilege to operate a vessel, whichever is appropriate, for a period of not less than six months or more than two years.
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