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Evading responsibility & engaging police in pursuit

Discussion in 'Speeding Tickets, Traffic & Moving Violations' started by marvin241, Aug 30, 2008.

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  1. marvin241

    marvin241 Law Topic Starter New Member

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    A "friend" of mine needs some advice...

    The other night, he was driving home after having a few drinks (inappropriate, I know) through a town notorious for DUI enforcement and stops without cause.

    He was tailed by a marked police car for a few miles until a town line approached. As soon as the officer activated his lights for no apparent reason, my friend downshifted and accelerated quickly out of view. He made a few turns because he is very familiar with the area and hid at the end of a cul-de-sac. No further contact with the police was made, and he called his wife to come pick him up. He left the car at that location overnight.

    As he arrived home that night in his wife's car, police cruisers from his town were waiting. Obviously, his license plate had been noted by the original officer. Since the car they were looking for never arrived, the local officers soon left in frustration.

    My friend's phone began to ring, which he did not answer. The police from the original town left messages saying that he had until 5 AM to turn himself in, or they would come arrest him. Messages continued all night and into the next morning. My friend did not respond and waited until the next morning so that he could call his lawyer. His lawyer called the police the next morning, and without admitting any guilt, agreed to bring his client in to be processed. My friend was instructed not to answer any questions about the incident, and that court would be the place to settle the matter.

    He had to call a bondsmen to bond him out as well.

    The police charged him with reckless driving over 85, evading, engaging police in pursuit, interfering, failure to drive right, passing in a no passing zone, & unsafe lane change. I know it's unimportant in this context, but most of these charges are also completely bogus and the pursuing officer was never nearly close enough in pursuit to see anything like that.

    His car is a leased vehicle and is registered to the leasing company. Both he and his wife are on the lease.

    How can the police just "assume" that he was the driver and charge him with all of these things? He never stopped, it was the middle of the night in the dark, and there is no way that an officer could have ever seen who was operating the vehicle. He never admitted that he was operating, and the police never found his vehicle, especially not with him behind the wheel. No one ever knocked on his door to see if he was home, either. Literally anyone could have been driving for all they now...all they saw was a license plate.

    Sorry for the long post, and thanks for any advice.
    Last edited: Aug 30, 2008

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