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  #1  
Old 10-30-2006, 09:07 PM
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Evding Arrest with a motor vehicle


What is the name of your state? Texas
I was coming home from the hospital at 2400 hours. I was going 70 in a 65. Well this road is straight in front of a prison. I did not feel safe pulling over in the dark so I put on my hazards and dropped my speed to 45 miles an hour. I live in a small town so the cops here mess with me all the time. I drove approx 4 miles to a well lit area with people (store) when I turned into the store five cop cars blocked me in and dragged me out of the car and arrested me for evading arrest with a motor vehicle. Not saying nothing negative but Im a white male 26. I spoke to a DPS officer he said If I was a woman or black then I have the right to go to where I feel safe. Otherwise he said I should of pulled over. I have no record on me and now this. Its a first degree felony here in Texas and I face 2 to 20 yrs in prison. Now can the get me for that even though I turned on my hazards slowed down way below the speed limit I did not make any turns I drove straight to store and tried to get to a place I felt secure. Please help.

Last edited by Byroneck2004; 10-30-2006 at 09:18 PM. Reason: left out some information
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  #2  
Old 10-31-2006, 01:59 AM
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I must also agree that you have a very weak defense. Under normal circumstances, I could understand one feeling unsafe about pulling over near a prison, but when you're with a cop...
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  #3  
Old 10-31-2006, 04:57 AM
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What other charges did they give you?

Evading arrest is usually a second charge.
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  #4  
Old 10-31-2006, 08:28 AM
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I don't know in TX specifically but generally you are allowed to do what you did.

this is from MD state police directly from their website...

"If you feel uncomfortable pulling over, acknowledge to the vehicle that you are aware that they are trying to pull you over by waving and slow down. Drive to a well lit area where people are."

I'm sure TX has similar policy. and the fact that you were driving slowly, it was dark, you used flashers, and went directly to the closest well light area is your defense.

It is up to the state to show your intent was to "evade" - since your were traveling slowly and ackn. their presence the judge will probably see the charge as the over reaction it was...
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  #5  
Old 10-31-2006, 08:31 AM
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What did your attorney tell you when he/she interviewed the DPS officer you spoke with?
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  #6  
Old 10-31-2006, 11:26 AM
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One charge


Quote:
Originally Posted by LSCAP View Post
What other charges did they give you?

Evading arrest is usually a second charge.
They only gave me one charge. Evading arrest. I dont understand evading arrest I didnt have any warrants and they said I was evading arrest. I came frome the hospital trying to get into a hospital because of my Bipolar disorder they gave me medicine and said to go home and go to the Hospital in the morning. I was having a Bipolar epposode at the time also I am syscophrinic. I found out it was only two miles during the ime he turned his lights and sirens on. I have no previous record as I mentioned before. Being that I was freaking out over my Bipolar symptoms that is one of the reasons I was scared for my life. My lawyer said not to mention my meds or that I am bipolar and spychophrinc. I dropped him today and the judge gave me 60 days for a new lawyer. Should I go with what my first lawyer said or lead my case out about the hospital and my Bipolar eppisode. Besides before I went to the hospital the police dept told me to go there for help. I dont understand.
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