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Old 11-28-2007, 10:20 AM   #23
79T/A
 
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Join Date: Feb 2007
Location: Wantage, NJ
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Jail time is indeed a bit too much for a first offense. Higher fines, definitely. I wouldn't object to it being a second or third offense, though. Kind of like DWI. Let's face it: Both involve the risk of someone getting hurt, whether they're in the car or not.

To clear up the degree of crime (We don't technically have felonies in NJ; anything other than disorderly or petty disorderly persons offenses are crimes and are graded in degrees, with 1st degree being the most serious and 4th degree being the least), here's the statute:

2C: 29-2b. RESISTING ARREST; ELUDING OFFICER.

Any person, while operating a motor vehicle on any street or highway in 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 to a full stop (The shiny red lights), 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 if the person's conduct involves a violation of Chapter 4 of Title 39 (Motor vehicle code, your moving violations).

In other words, if someone simply refuses to pull over but continues to stop for red traffic lights and obeys the speed limit, they are guilty of a crime of the third degree. If someone refuses to pull over and speeds, passes improperly, disregards every traffic signal and generally breaks just about every moving violation in the book, they are guilty of a crime of the second degree.

The current fines are no less than $25 and no more than $100 for a first offense. It needs to hurt a little more, like $200 to $500, and $500 for a second offense with 30 days of community service and $1000 for the third offense plus no less than $180. Similar to the DWI penalties.

And whatever you do, remember:

39: 4-24: USE OF WHIP
No person shall crack or so use a whip as to annoy, interfere with or endanger a person or excite a horse other than a horse which he is using.
(As long as I was flipping through the book, I thought I'd have some fun.)
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