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failure to yeild

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alpha23

Junior Member
What is the name of your state?What is the name of your state? Indiana

I was riding a motorcycle down the interstate going 85 in a 55. A county cop was going the opposite direction and then turned around in the grass. I never seen him turn on his lights and the police report verified that. I was getting off on my exit when I seen him turn around. I was sitting at the stop light waiting to turn left when the cop pulled up behind me. The light turned green and I turned left, came to another stop light and got into the right lane because I was getting ready to turn into my weekend job at the Home Depot. I had one more light to go, about a city block. The cop turns on his lights some time after the light turned green and before I got to the Home Depot light. I passed a lengthly private drive and a BigO Tire place that was on a steap hill that I didn't feel comfortable turning into. So, I turned into the Depot parking lot and drove to the side employee parking lot. I turned my bike off and before I could get my helmet off the cop was out of his car telling me I should have pulled over sooner and that now I'm going to jail. He handcuffed me and then he took my helmet off and started searching my bike. I drove about a half a mile more after the cop turned on his lights. I didn't know it but, my brother was going the opposite direction and he actually seen the cop turn his lights on after the second stop light. That's how I know the length. He had turned around to come and ask me how much the ticket was for. It took him a while to get turned around because of the traffic and long lights. Once he got there he asked why I was in handcuffs and the cop said that he needs to get back in his car and drive away. He then asked if he could be a witness and just stand at his car and the cop said the camera in the car was the witness. The cop continued to do some paperwork outside the car and then went over to my brother and explained what had happened. He had no idea who he was at the time because after he started to pull away, when everthing was over and I was going to jail, he ran my brothers plate. Anyway, he said I failed to yield twice at each stop light. He never asked me if I had seen him or not. I told my brother when he first came over that I saw the cop turn around in the grass and that was it. While the cop was talking to my brother he gave him a ticket for his windows being tinted 25%. Then he let my brother come over and talk to me still not knowing exacty who he was. Then I went to jail. In the car ride down the cop said that he shops in that Home Depot and when he comes in there, to not recognize him and he won't recognize me. Then he said that a guy that he once arrested tried to jump him and he had to TAKE HIM DOWN. Then he said that he had won a tournament at the local casino that was similar to Ultimate Fighting. I didn't say one word through the whole ride. I will gladly pay the speeding ticket and take the points and the probation. But this happened on a Saturday at 7pm and the bail wouldn't be set until Monday at 1pm. I spent almost all weekend in jail. First time, No previous record. I'm 22 years old. He charged me with knowingly fleeing the police which is a class D felony. Any advice. I have a very good lawyer that is a friend of the family.
 


LawGirl10

Member
Question: why did you think think he turned on you on the interstate (cut throught he median)? When most driver's see that, they usually start watching in their rearview mirror to see why they turned (to see if they turned on them).

The above situation I asked about is not realated to the failure to yield because he did not yet have his emergency lights on, but I have a feeling you knew exactly what he was doing.

As to the failure to yield at the time of the second stop light, yes, it was a failure to yield. However, the specific offense should have been fleeing because a failure to yield is an infraction (if I remember correctly) and not a jailable offense. Fleeing should be a misdemeanor which would be a jailable offense.
 

alpha23

Junior Member
Thank you for the repy. Just because a cop turns around doesn't mean I have to do anything. As long as his lights are off. Sure, he was coming after me and I had a good idea of that. I won't deny any of that. I sat at that first stop light for about 90 seconds. Then traveled about a 1/4 mile until the next light. I had a helmet on and a VTwin engine that is quite loud. I can't countinuously look in my mirror unlike a car. The only way I knew for sure when he turned his lights on was because of my brother and what he said. When I looked back after passing the second stop light I seen the lights on and the only place that I knew would be a safe place to park and stop my bike was in the parking lot. The cop said that he was arresting me for failure to yield. In his report he stated that I knowingly fled from him, a total of 1/2 mile! (that wasn't in the report) Fleeing I guess in Indiana is a class D felony. I would like to know if this sounds fair and beatable. What about what the cop said in the ride to the station. Intimidation maybe?
 

LawGirl10

Member
alpha23 said:
Thank you for the repy. Just because a cop turns around doesn't mean I have to do anything. As long as his lights are off. Sure, he was coming after me and I had a good idea of that. I won't deny any of that. I sat at that first stop light for about 90 seconds. Then traveled about a 1/4 mile until the next light. I had a helmet on and a VTwin engine that is quite loud. I can't countinuously look in my mirror unlike a car. The only way I knew for sure when he turned his lights on was because of my brother and what he said. When I looked back after passing the second stop light I seen the lights on and the only place that I knew would be a safe place to park and stop my bike was in the parking lot. The cop said that he was arresting me for failure to yield. In his report he stated that I knowingly fled from him, a total of 1/2 mile! (that wasn't in the report) Fleeing I guess in Indiana is a class D felony. I would like to know if this sounds fair and beatable. What about what the cop said in the ride to the station. Intimidation maybe?
If you can find out the statute number he jailed you under I can give you a better idea. If they didn't give you any paperwork, call the jail where you were booked and ask them what statute number they booked you under.
 

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