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§ 30-22-1.1 NMSAFourth Degree Felony Traffic

Aggravated Fleeing From An Officer

Legal Definition

A person commits aggravated fleeing from a law enforcement officer when they willfully and recklessly drive a motor vehicle while attempting to elude a pursuing police vehicle, and the flight causes bodily injury to another person, causes property damage exceeding $1,000, or involves driving at high speed or in a manner that endangers the public. The offense requires that the officer's vehicle display a visible red light or siren and that the driver knowingly flee despite a clear signal to stop.

Possible Punishment

Basic sentence of 18 months imprisonment; fine up to $5,000. Upon release, a mandatory two-year period of parole supervision applies. The court may also impose driver's license revocation. If the fleeing results in great bodily harm to another person, the offense may be charged as a Third Degree Felony with a basic sentence of 6 years.

Local Context

This offense is distinct from simple fleeing or attempting to elude an officer (§ 30-22-1), which is a misdemeanor. Aggravated fleeing requires an additional element: bodily injury, significant property damage, high speed, or conduct endangering the public. The statute applies to both marked and unmarked police vehicles that are properly identified with emergency signals.

Criminal Traffic Cases in Doña Ana County

Not every traffic offense is a ticket. Driving on a suspended or revoked license, reckless driving, and fleeing an officer are criminal charges that end in booking rather than a citation, and they appear constantly in our feed. Suspended-license charges in particular tend to snowball: unpaid fines lead to suspension, driving anyway leads to arrest, and missing the court date adds a bench warrant.

Criminal traffic cases are heard in Las Cruces Municipal Court for city violations and Doña Ana Magistrate Court for state charges. If alcohol or drugs are involved, the case moves into DWI territory with its own mandatory penalties.

Related Guides

Recent Arrests for This Charge (16)

CARLOS RAYMOND mugshot - Las Cruces arrest, Doña Ana County
FEL

Las Cruces Man, 38, Booked on Aggravated Fleeing and Resisting Charges

CARLOS RAYMOND | 6 charges

1d ago
SETH MONTANO mugshot - Las Cruces arrest, Doña Ana County
FEL

Las Cruces Man, 18, Booked on Aggravated Fleeing and Dwi Charges

SETH MONTANO | 4 charges

5d ago
KEVIN CADENA mugshot - Las Cruces arrest, Doña Ana County
FEL

Las Cruces Man, 34, Booked on Felony Fleeing and Motor Vehicle Theft Charges

KEVIN CADENA | 3 charges

11d ago
TAB WHEELER mugshot - Las Cruces arrest, Doña Ana County
FEL

Las Cruces Man, 20, Booked on Aggravated Fleeing and Reckless Driving Charges

TAB WHEELER | 7 charges

12d ago
TAB WHEELER mugshot - Las Cruces arrest, Doña Ana County
FEL

Las Cruces Man, 20, Booked on Felony Charge of Aggravated Fleeing

TAB WHEELER | 5 charges

19d ago
ALBERT WALL mugshot - Las Cruces arrest, Doña Ana County
FEL

Albuquerque Man, 44, Faces Child Abuse and Aggravated Fleeing Charges After I-10 Arrest

ALBERT WALL | 6 charges

26d ago
JAVIER SOLANO mugshot - Las Cruces arrest, Doña Ana County
FEL

Man, 41, Charged with Reckless Driving in Doña Ana County

JAVIER SOLANO | 2 charges

45d ago
ISAAC HERNANDEZ mugshot - Las Cruces arrest, Doña Ana County
FEL

Las Cruces Man, 20, Faces Felony Charges Including Assault on an Officer

ISAAC HERNANDEZ | 5 charges

54d ago
CRISTI POSTON mugshot - Las Cruces arrest, Doña Ana County
FEL

Las Cruces Woman, 46, Booked on Felony Auto Theft and Burglary Charges

CRISTI POSTON | 12 charges

56d ago
JAKE HERRERA mugshot - Las Cruces arrest, Doña Ana County
FEL

Santa Teresa Man, 18, Charged with Minor in Possession of Alcohol

JAKE HERRERA | 4 charges

60d ago
RUBEN RODRIGUEZ mugshot - Las Cruces arrest, Doña Ana County
FEL

Las Cruces Man, 29, Charged with Failure to Comply with Conditions of Release

RUBEN RODRIGUEZ | 5 charges

60d ago
JULIAN ZAMORA mugshot - Las Cruces arrest, Doña Ana County
FEL

Mesquite Man, 35, Charged with Reckless Driving

JULIAN ZAMORA | 6 charges

79d ago
VICTOR PINEDO mugshot - Las Cruces arrest, Doña Ana County
FEL

Victor Pinedo, 39, of Las Cruces, Booked in Bernalillo After Alleged Chase

VICTOR PINEDO | 8 charges

152d ago
OSCAR LOPEZ mugshot - Las Cruces arrest, Doña Ana County
FEL

El Paso Teen, 19, Booked in Santa Fe on Aggravated Fleeing, Probation Charges

OSCAR LOPEZ | 5 charges

190d ago
OSCAR VALENZUELA mugshot - Las Cruces arrest, Doña Ana County
FEL

Las Cruces Man, 27, Convicted of Aggravated Battery Following Shooting

OSCAR VALENZUELA | 6 charges

254d ago
JAMES LINCK mugshot - Las Cruces arrest, Doña Ana County
FEL

Las Cruces Man, 39, Faces Kidnapping and Aggravated Fleeing Charges After I-10 Arrest

JAMES LINCK | 8 charges

382d ago

Information provided for general reference. Statutory text is summarized and may not reflect the most recent amendments. All persons listed are presumed innocent until proven guilty.