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Undercover chased me on foot to car. Never identified himself, assumed mugger.

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FallenReason

Junior Member
What is the name of your state? Pennsylvania.

On the night of May 27th, around 12:30am, John drove me and Brad to the Market Street Saloon; John chose to park at a parking garage on W. Mason Avenue parallel to his church. John had volunteered to drive for the night because he could not consume alcohol due to the medications prescribed from his recent back surgery. We exited the parking garage and walked East on W. Mason until making a left on N. George, and then another left at the square onto W. Market Street. Upon entering the Market Street Saloon we found it to be empty and I also discovered that I had left my credit card in the vehicle. We decided that the Hardware Bar across the street would be the better choice but I had to get my credit card first.

The mood was joyous and optimistic, hoping for a good time at the Hardware Bar. I obtained the keys from John and began walking back to the vehicle in the same route we came; East on Market Street with a right turn on N. George but this time, I picked up the pace on N. George because of last call at 2 a.m. I wanted to get all the worth out of a $5 cover charge. Upon making a right turn onto W. Mason, knowing the vehicle was within 100 yards, I began to leisurely jog down the alley. The pace was brisk enough for my friends to fall behind and at half the distance to the car I began to wonder how far back they were. I looked behind to witness both Brad and John running vehemently towards me, and further back in the alley, running with a beeline on us was a largely built man dressed in a plaid shirt and wearing a baseball hat. He was closing the distance between us at the pace of a sprint.

At this point I was no longer running at a leisurely pace, I was running for the safety of my life. With no clear idea as to why I would be getting chased down a dark alley at 12 a.m. in the city, I chose to keep running, and running for the only avenue of escape I had, which was my car. I got in my car, threw it into reverse and waited for John and Brad to get in. I looked to my left and saw the unidentified man come to a running halt as I drove out of the parking garage. Terrified and baffled at the same time, I couldn’t comprehend why or what just happened; I thought the guy was going to mug us, I’d only ever heard of the violence that so frequents the city streets but I’d been fortunate enough to never experience it. Just as the three of us begun discussing the oddness of what just occurred, I looked in my rearview to feel elated; a police van initiated its lights. I pulled over immediately. Assuming they had caught the guy that had chased us with such fury, I was anxious to discuss the previous events with a police officer, but the officer who approached the vehicle was the same unidentified man who had been chasing, Officer Brehm.

I had no intention of touching a steering wheel that night. If I would have been made aware that I was being pursued by an Officer of the law I would have immediately ceased running and awaited command, just as I had ceased driving and awaited command from Sgt. Veater two blocks later when he signaled to pull over.

Officer Brehm had apparently been chasing us because Brad was belligerent and knocked over a trashcan on George Street. Followed the noise and claimed that witnessed us running in the vicinity of it and so he pursued. But in the 70 yard span (I measured) down that dark alley, he never once identified himself, yelled halt, cease, freeze, stop, POLICE....nothing. I genuinely just thought it was a guy chasing us because it WAS a guy chasing us.
I was given the sobriety test; alphabet, finger to nose, raise foot and count til told to stop, etc. I passed it all so then I was taken to the hospital for blood and a month later it came back at .11 where the legal limit is .08.

My two buddies got disorderly conduct and I got DUI.
Thoughts?
 


xylene

Senior Member
Thoughts?
The police man will say whatever he wants about identifying himself and you are unlikely to get an 'escape' defense to fly for DWI.

Your friends were drunk and threw garbage in the street.

You worry about your charges.

You get an experienced DWI lawyer - one who could maybe make your lame defense fly.
 
LAME DEFENSE? :eek:
**************. you have got to be kidding me. people come here for honest advice, and none of us should give the "cold shoulder" to a potentially legitimate claim. :mad:
This is not a courtroom, and we are not a jury, so put yourself in the other person place and give the advice you would USE yourself. If all you want to do is pass judgement on bits and pieces, then you definitely have ignorance on your side.
 
FallenReason-
Please double check and make sure your friends are 100% honest if the fact the officer did not identify himself. My father is a retired deputy sheriff and as far as I know, undercover, and off duty officers are required to identify themselves as such, before harming a citizen who is not committing a violent crime or felony. I can say that I would have felt the same way- had a man came chasing me in an alley in the middle of the night. You really need to consult an attorney and get a copy of the police report, so you can get a better understanding of the officers perspective. They are usually ready approximatley 10 days after the incident. Make sure your attorney, public defender, whomever KNOWS that you were unaware and afraid of the man chasing you. I would imagine if laws allow a driver to contact the police department before pulling over to verify it is an officer (usually undercover cars) that is attempting to pull them over, then I would hope there are some sort of protocols for officers in foot pursuit of an unknowing citizen.
 

CdwJava

Senior Member
So ... what does your attorney think of your chances?

It sounds as if your defense is one of necessity ... though, depending on the jurisdiction, the necessity defense may not fly.

Yes, you drove (apparently) while DUI. Whether you can convince a judge or jury that you had no other option but to get into the car is a question for the court to decide.

I bet the officer is going to testify that he was yelling, "Stop! Police!" the entire time, and that his badge was visible on his belt or around his neck. That might not be sufficient to charge you with resisting or evading, but being chased may not be sufficient to allow the justification of committing DUI to avoid the subject. It depends on the details and the laws in your state.

Consult local counsel if you have not already done so.

- Carl
 

Just Blue

Senior Member
So ... what does your attorney think of your chances?

It sounds as if your defense is one of necessity ... though, depending on the jurisdiction, the necessity defense may not fly.

Yes, you drove (apparently) while DUI. Whether you can convince a judge or jury that you had no other option but to get into the car is a question for the court to decide.

I bet the officer is going to testify that he was yelling, "Stop! Police!" the entire time, and that his badge was visible on his belt or around his neck. That might not be sufficient to charge you with resisting or evading, but being chased may not be sufficient to allow the justification of committing DUI to avoid the subject. It depends on the details and the laws in your state.

Consult local counsel if you have not already done so.

- Carl

Another "godlike" answer from Lord Carl....:p:)
 

CdwJava

Senior Member
baystategirl said:
Another "godlike" answer from Lord Carl....:p:)
I have GOT to add that to me Sig! :)

I wonder if I can get away with adding that to my business cards!?:cool:

Oh, geez! Did I pass judgment?? :eek:

- Carl
 
I have to agree with Carl- experience is important and after a few tips from him, I am following his advice too. but one thing I can agree with- yes I woulda have jumped in the car and done the same thing had I been scared enough, but, i guess taking your chances at getting your butt whooped is a little better than getting a DUI...... heaven forbid it ever happens again, just get in the car, lock the doors and lay on the horn......call 911 if you have a cell phone**************at least then you have a fighting chance at defending yourself in court. Better yet, keep running until you can get into a public area. :(
sorry. but dont plead guilty if your telling the honest to GOD truth! just make sure you know what your saying and your being 100% honest with your attorney and the judge.
 
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