Failing To Stop For Police In New Jersey: Are There Any Justifiable Reasons?

If you have been accused of failing to stop for police in New Jersey, you may believe that you were justified in doing so. While the police may have charged you with this offense despite your beliefs, you may still have a chance of escaping consequences alongside a qualified defense attorney in Bergen County. Is it true that you might have been justified in failing to stop for the police?

You Didn’t Know You Were Being Pulled Over 

The first and most obvious defense is that lack of awareness. If you didn’t realize that police were trying to pull you over, you may be justified in continuing to drive. For example, you might have assumed that the police were trying to pull someone else over. They might have been far in the distance on the highway, and you might have thought that they were carrying out some other duty. If you were listening to music or having a loud conversation, you might not have heard the sirens.

This defense becomes even more understandable if the police failed to properly identify themselves. Perhaps they forgot to activate their sirens or their lights. Maybe the police vehicle was not clearly marked as such – and perhaps the officers inside were out of uniform. You can be expected to recognize undercover police vehicles, and you might have assumed that the officers pursuing you were actually violent criminals. If this was the case, you might be fully justified in attempting to flee. 

You Were Trying to Find a Safe Spot to Pull Over 

Although it might have seemed as though you were attempting to flee, you might have been searching for a safe spot to pull over. New Jersey laws clearly state that you should pull over as soon as possible in a safe location. If no location closeby seems safe, then you are actually legally required to continue driving until you find a suitable location. You cannot be held accountable for acting in the best interests of other motorists and protecting your own safety when pulling over. Note that numerous police officers have been struck by passing motorists due to roadside stops in unsafe locations. 

You Were Dealing with Some Kind of Emergency 

Finally, you may be justified in refusing to stop if you were dealing with some kind of emergency – such as a medical condition that requires immediate treatment. Although you might still be charged with the offense, a jury or judge may be lenient after hearing the circumstances of your incident.

Find a Qualified Criminal Defense Attorney in Bergen County 

If you’ve been searching for a qualified, experienced New Jersey criminal defense attorney, look no further than Phillip J. Murphy, Attorney at Law. Over the years, we have helped numerous defendants accused of various traffic offenses – including failing to stop for police. While this can be a serious offense in New Jersey, you may have been justified in continuing to drive. Book your consultation today to determine the most appropriate defense strategy based on your unique circumstances.

Sources: 

wboc.com/news/nj-man-arrested-in-felton-after-short-police-pursuit/article_40782414-aa88-11ee-89a8-175f0bb089d5.html

casetext.com/statute/new-jersey-statutes/title-39-motor-vehicles-and-traffic-regulation/chapter-394-application-of-chapter/section-394-215-failure-to-obey-signals-signs-or-directions