K-9 assists Hazlet Police in arrest of two men
A Staten Island man, who was allegedly intoxicated and had a suspended license, led police on a car chase from Hazlet to Holmdel today before being arrested early this morning.The driver and his passenger bailed out of the truck after the chase and tried to hide in a backyard near the Garden State Parkway. A Hazlet police dog was then used to apprehend the two offenders. Both men were arrested and charged with obstruction, resisting arrest, and eluding police. The driver was also given a number of motor vehicle summonses including driving while intoxicated (DWI) and driving with a suspended license. The driver is being held at Monmouth County Jail with a bail amount of $85,000. The passenger was given ROR (released on his own recognizance). For additional information, see the Asbury Park Press article.
Charges for resisting arrest in New Jersey are codified in N.J.S.A. 2C:29-2 which provides in pertinent part:
§ 2C:29-2. Resisting arrest, eluding officer
a. (1) Except as provided in paragraph (3), a person is guilty of a disorderly persons offense if he purposely prevents or attempts to prevent a law enforcement officer from effecting an arrest. (2) Except as provided in paragraph (3), a person is guilty of a crime of the fourth degree if he, by flight, purposely prevents or attempts to prevent a law enforcement officer from effecting an arrest. (3) An offense under paragraph (1) or (2) of subsection a. is a crime of the third degree if the person:
(a) Uses or threatens to use physical force or violence against the law enforcement officer or another; or
(b) Uses any other means to create a substantial risk of causing physical injury to the public servant or another.
It is not a defense to a prosecution under this subsection that the law enforcement officer was acting unlawfully in making the arrest, provided he was acting under color of his official authority and provided the law enforcement officer announces his intention to arrest prior to the resistance.
b. Any person, while operating a motor vehicle on any street or highway in this State or any vessel, as defined pursuant to section 2 of P.L. 1995, c. 401, on the waters of 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 or vessel to a full stop 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. For purposes of this subsection, there shall be a permissive inference that 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 or chapter 7 of Title 12 of the Revised Statutes. In addition to the penalty prescribed under this subsection or any other section of law, the court shall order the suspension of that person's driver's license, or privilege to operate a vessel, whichever is appropriate, for a period of not less than six months or more than two years.
