High Speed Chase Laws in New York State

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    Third Degree

    • The law states that any individual operating a motor vehicle that refuses to stop when ordered to do so by a police officer and reaches speeds in excess of 25 miles per hour above the speed limit, and/or drives recklessly, is guilty of unlawful fleeing a police officer in the third degree. A third degree charge is classified as a Class A misdemeanor.

    Second Degree

    • If a police officer or bystander is harmed during a high speed chase, and the person is considered guilty of third degree offenses, then the charge is considered to be unlawful fleeing a police officer in the second degree. This offense is a Class E felony.

    First Degree

    • Unlawful fleeing a police officer in the first degree occurs when a police officer or other third-party individual is killed in the course of a chase, where the individual is guilty of unlawful fleeing in the third degree. A conviction of this charge is a Class D felony.

    Infraction

    • It is against New York law to refuse to obey a police officer or anyone authorized to direct traffic, meaning you must stop if a police officer attempts to pull you over. However, if an individual refuses to stop for a police officer, but does not break other traffic laws, they will only be issued an infraction, which is not a criminal charge.

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