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Any operator of a motor vehicle who the officer has reasonable grounds to believe has violated a state law or municipal ordinance, who has received a visual or audible signal such as a red light or a siren from a police officer driving a marked vehicle showing the same to be an official police, sheriff, or Colorado state patrol car directing the operator to bring the operator's vehicle to a stop, and who willfully increases his or her speed or extinguishes his or her lights in an attempt to elude such police officer, or willfully attempts in any other manner to elude the police officer, or does elude such police officer commits a class 2 misdemeanor traffic offense. |
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Source: L. 94: Entire title amended with relocations, p. 2398, § 1, effective January 1, 1995. |
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Editor's note: This section was formerly numbered as 42-4-1512. |
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Cross references: For provision that the operation of vehicles and the movement of pedestrians pursuant to this section apply upon streets and highways and elsewhere throughout the state, see § 42-4-103 (2)(b). |
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| ANNOTATION | ||||
Annotator's note. Since § 42-4-1413 is similar to § 42-4-1512 as it existed prior to the 1994 amending of title 42 as enacted by SB 94-1, relevant cases construing that provision have been included in the annotations to this section. |
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Fleeing on foot is included in the phrase "any other manner" of eluding, and the maxim ejusdem generis does not limit eluding to only those situations in which the operator uses the motor vehicle to elude the police officer, particularly given that § 18-9-116.5 criminalizes vehicular eluding while recklessly operating a motor vehicle. People v. Espinoza, 195 P.3d 1122 (Colo. App. 2008). |
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Crime of eluding a police officer is not a lesser-included offense of vehicular eluding, as defined in § 18-9-116.5. People v. Fury, 872 P.2d 1280 (Colo. App. 1993); People v. Pena, 962 P.2d 285 (Colo. App. 1997). |
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Applied in Brutcher v. District Court, 195 Colo. 579, 580 P.2d 396 (1978); People v. Mascarenas, 632 P.2d 1028 (Colo. 1981). |
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