Long Island's Premier Criminal & DWI Defense Law Firm
Long Island Unlawful Fleeing a Police Officer Lawyer (PL 270.25)
Unlawful fleeing a police officer in a motor vehicle in the third degree (PL 270.25) is a class A misdemeanor in New York, punishable by up to 364 days in jail. It becomes a felony if someone is seriously injured or killed during the flight. These charges usually come with traffic tickets, such as reckless driving and speeding. On Long Island, the cases are heard at the Suffolk County First District Court in Central Islip or the Nassau County First District Court in Hempstead. Richard Hochhauser is a former Nassau County prosecutor who defends fleeing charges and the tickets that come with them.
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We answer calls after an arrest
Former
Nassau County prosecutor
Charged with fleeing the police on Long Island?
Call before your first court date. We answer 24/7, and the first consultation is free, in person, by video call or by phone call.
Fleeing arrests on Long Island
We reviewed two years of arraignment records from the Nassau County and Suffolk County district courts. Nearly 50 people were charged with unlawful fleeing a police officer in the third degree, and most of those cases were in Suffolk County. More than half of the people charged were 30 or younger.
What the prosecution must prove under PL 270.25
- You were directed to stop by a uniformed police officer or a marked police vehicle using its lights or siren.
- You knew you had been directed to stop.
- You then tried to flee by driving 25 mph or more over the speed limit, or by driving recklessly.
Driving away is not enough on its own. Without proof that you knew the police were signaling you, and that you drove at least 25 mph over the limit or recklessly, the charge doesn’t hold.
Degrees and penalties
| Charge | When it applies | Level and maximum sentence |
|---|---|---|
| Unlawful fleeing, 3rd degree (PL 270.25) | Fleeing a police officer in a vehicle, as described above | Class A misdemeanor: up to 364 days in jail |
| Unlawful fleeing, 2nd degree (PL 270.30) | The flight causes serious physical injury to another person | Class E felony: up to 4 years in prison |
| Unlawful fleeing, 1st degree (PL 270.35) | The flight causes the death of another person | Class D felony: up to 7 years in prison |
Tickets written at the same time, such as reckless driving (VTL 1212), speeding or driving with a suspended license (VTL 511), are handled in the same case and can carry their own points and license consequences.
Defenses to a fleeing charge
Knowledge
Did you know police were signaling you?
Lights in a rearview mirror at night, heavy traffic, loud music or an unmarked car can all mean a driver didn’t realize the police wanted them to stop.
Speed
How was your speed measured?
The charge often depends on proving you were 25 mph or more over the limit. We examine whether the officer used radar, pacing or an estimate.
Reckless driving
Was the driving actually reckless?
Reckless driving requires driving that unreasonably endangers others. Fast driving on an empty road may not meet that standard.
Identification
Were you the driver?
In some cases the car was identified but the driver wasn’t. We examine how the police identified the person behind the wheel.
Recent fleeing result
Conditional discharge
Unlawful fleeing, 10-minute car chase
2026. Our 20-year-old client, who had no prior record, was charged after a 10-minute chase. He completed a class and a victim impact panel, and the case resolved with a conditional discharge: no jail and no probation.
More results: our successful cases.
Prior results do not guarantee a similar outcome.
What to do after a fleeing arrest
- Don’t discuss the chase with the police, friends or on social media. Posts and texts are often used as evidence.
- Keep all your tickets and paperwork. The criminal charge and the traffic tickets need to be handled together.
- Don’t drive if your license was suspended. Driving while suspended can bring a new charge.
- Call a lawyer before the first court date. Early programs, such as a class or a victim impact panel, can help us negotiate a better outcome.
Fleeing a police officer: frequently asked questions
Is fleeing the police a felony in New York?
Usually not. Unlawful fleeing a police officer in a motor vehicle in the third degree, PL 270.25, is a class A misdemeanor. It becomes a felony if the flight causes serious physical injury (second degree, a class E felony) or death (first degree, a class D felony).
What counts as fleeing the police in a car?
You must know that a uniformed officer or a marked police car directed you to stop with lights or a siren, and then try to get away by driving 25 mph or more over the speed limit or by driving recklessly.
What if I didn’t see the police lights?
Knowledge is an element of the charge. If you didn’t know the police were signaling you to stop, you aren’t guilty of unlawful fleeing, although you may still face traffic tickets.
Can a fleeing charge be reduced?
Often, yes. Depending on the facts and your record, these cases can be reduced or resolved without jail, sometimes after completing a class or a victim impact panel.
What happens to the traffic tickets from the chase?
Tickets for speeding, reckless driving or a suspended license are usually handled in the same court case. We negotiate them together with the criminal charge to protect your license.
How much does a lawyer for a fleeing charge cost on Long Island?
We charge a flat fee, quoted after your free consultation.
Talk to a former prosecutor today
Free consultation in person, by video call or by phone call. We answer 24/7.
Our Offices
Garden City Office
1225 Franklin Ave #325
Garden City, NY 11530
Phone: (516) 939-1529
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During what was one of the scariest times of my life, he gave me all of the knowledge and support possible to help me get through it. Not only did I end up getting a great outcome for my case, but Richard helped make it a very smooth process and was always there when I had...
Mr. Hochausser worked hard on my behalf.. so hard that he achieved what seemed impossible. He always communicated with me honestly and earnestly, which is rare in any profession these days. He was prepared and forthright every step of the way. I hope to never need his services...
Best Criminal Attorney in New York. Richard explains each detail slowly and carefully so it’s easily understood. He handles each case as if it’s the most important. Highly recommend!
Best DWI lawyer in New York!
Mr. Hochhauser was incredible. I was consulted immediately after the first call. Richard was easy to keep in touch with and would answer all of my emails, phone calls, and even texts regarding my concerns. Guided me through the whole process, made sure I understood everything...
Richard explained the matters of my case thoroughly and was professional and effective in dealing with the charges I was facing, ultimately getting the docket dismissed in its entirety. I would highly recommend procuring his services.
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