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Misdimeanor Evading without arrest

Discussion in 'Speeding Tickets, Traffic & Moving Violations' started by tdelo, May 23, 2016.

  1. tdelo

    tdelo Law Topic Starter Guest

    Jurisdiction:
    California
    A friend of mine was recently stopped by highway patrol, within a quarter mile of an extensive off road area. Instead of yielding he made the decision to ,for lack of better words, leave the officer in the dust climbing hills where he new the patrol car could not follow. He abandoned the vehicle and there was an extensive helicopter man search for the driver to no avail. Said person returned the next day to retrieve the vehicle only to find officers waiting. He was detained read his rights and "charged" with misdemeanor evading (no ticket was given). They read him his rights and he refused to answer anything, and then was released to retrieve his vehicle. The question at hand is without positive Identification (middle of night with dust everywhere) will charges stick if he remains silent. Or will he need to explain he was not driving and how that came about....
     
  2. Highwayman

    Highwayman Well-Known Member

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    What's your stake in this? Were you even there or are you just believing a second-hand story?

    Let your idiot friend deal with his own problem and stay far away.
     
  3. army judge

    army judge Super Moderator

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    You betcha the charges will stick, they'll stick like super glue to the fingers of a careless user.

    By the way, loved the part about the genius returning the next day to retrieve the car and stumbled right into a man trap.

    You can tell Einstein to imitate Monks who take a vow of silence, blabbing rarely helps.
     
  4. tdelo

    tdelo New Member

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    Yes I beleive the story in full, and for walking into a man trap as you state "army judge" dont you think he/and or his family members were contacted. Would it have been better to hide from reality. Oh, and you also missed the part where he reserved his right to remain silent.
     
  5. adjusterjack

    adjusterjack Super Moderator

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    At least he got that right and he should continue reserving that right. It could give him a big advantage as explained in the following video:

     
  6. army judge

    army judge Super Moderator

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    Your protestations fall upon deaf ears and blind eyes.
    I'm a nobody, a nothing, insofar as the trouble which now engulfs YOU, Einstein.

    You need to make YOUR case to the REAL JUDGE you're facing, Einstein.

    Those clever, crafty cops will reveal their truth before Einstein's judge.

    When the dust settles, guess who that judge will believe.

    I'm betting on those honest, gallant, dedicated, men and women behind those shiny badges.
     
  7. tdelo

    tdelo New Member

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    The question for the party at at hand is it best for him to remain silent until and if the DA formally charges said person. Or to make a statement of how he was not behind the wheel of the vehicle?
     
  8. army judge

    army judge Super Moderator

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    The most clever criminal defendants do nothing without the advice and assistance of their criminal defense attorney.
     

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