Fleaing a Peace Officer in a Motor Vehicle

[amclain]

What is the name of your state (only U.S. law)? Minnesota.

OK, this is a long story, as many of these are. Two weekends ago Minnesota got about 8 inches of snow. My girlfriend and roommate thought it would be fun to go out and drive through town and the vacant parking lot next to my apartment in her awd Volkswagen Passat. So we go out and drive through town then turn onto a side street next to my apartment (parallel to my apartment was this vacant lot to give you an idea of where we were) as I pulled off the main road and onto the side road I slid the car sideways, we were traveling 15 mph or so. We continued a block or so to the end of the road (dead end) then turned into the parking lot. Just before I turned I noticed a red truck pull into the dead end road also. We drove directly from on end of the parking lot to the exit closest to my apartment. Then I stopped by the apartment door to let out my roommate who needed directions for a trip he needed to take later. We were going to play in the parking lot until he got them. So as soon as he got out my girlfriend said that the red truck was pulling up next to us. Fearing it was some angry school employee or city worker (it looked like a truck used for utility work or plowing) I took off - I didn't see the point in talking someone who was just going to yell at me for having fun in a vacant road / lot. So I left my apartment and turned onto the main road and started down there. I was a block or so down when I noticed the truck had red lights behind the grill (nothing on the roof and no blue lights). I didn't think too much of this as I've seen plow trucks with lights like that behind the grill. So I continued away. After a few minutes in the heavy snow - and with the truck still chasing us I thought it was just going to get dangerous if this truck was determined to catch us so I pulled into the mall and we ran inside. (Just as we slowed down to pull into a spot we heard a siren on the truck) Then we really started to worry. So we ran inside the mall thinking we may have just evaded an angry city worker or something like that. Sure enough a cop comes running in with a gun drawn and arrests both me and my girlfriend.

When he arrested me he asked me a bunch of questions - many of them foolish one asked if I had a license - which I didn't because of x number of moving violations in a x number of years. I think he misunderstood my answer to his question as why I was "running". Also I was never read my rights - and neither was my girlfriend - there was people we knew in the mall where we were arrested, could they be witnesses? So then he says "Nice Audi. I'm going to enjoy driving your car." so something snide along those lines. Then I tell him it's not an Audi it's a Volkswagen Passat and it's not even mine it's my girlfriend's and he says "Even better." What a jerk. At any rate, they have now confiscated her car because it was used to "flea a peace officer" even though I didn't even know it was one until he had a gun drawn on us. I spent Saturday, Sunday, and Monday in jail. They charged me with the felony "Fleaing a peace officer in a motor vehicle" which of course I didn't know I had been doing - had it been a squad car or even a appropriately marked truck I would have never left my apartment. I've never been in any kind of legal trouble before. I've only had moving violations - speeding, das... ect (NO DWI or anything like that).

So that's my dilemma. Any advice????

[Zigner]

Get a lawyer who can help you craft a believable defense...

[I_Got_Banned]

Originally Posted by amclain

So that's my dilemma. Any advice????

Yes... Use paragraphs!

Your post is very long and very difficult to read!

Good luck

[I_Got_Banned]

Originally Posted by Zigner

Get a lawyer who can help you craft a believable defense...

Or a priest who can help you pray.... A lot!

[FlyingRon]

You don't need to be read you rights unless they are questioning you in custody.
The cops have plenty of evidence to your guilt without questioning you anyhow.
You're not supposed to run away from the authorities be them school officials angry at trespassers or what. You could almost get someone to believe this nonsense until the siren part. Why would you run from an emergency vehicle?

Anyhow you are in deep trouble even if YOUR BELIEF was truthful. One the lights came on (let alone the siren) you aren't supposed to flee. If you believe your life is in danger, lock the doors and call 911.

You are charged with a FELONY. This is nothing to screw around with.
FIND A LAWYER TODAY!

[amclain]

That's not what I wanted to hear. We stopped when heard the sirens.

[amclain]

Also her car was returned to her. They told her that they didn't give her a hearing in 96 hours so it automatically goes back to her. I'm not sure if that's true or they made a mistake elsewhere.

[amclain]

Originally Posted by FlyingRon

You don't need to be read you rights unless they are questioning you in custody.
The cops have plenty of evidence to your guilt without questioning you anyhow.
You're not supposed to run away from the authorities be them school officials angry at trespassers or what. You could almost get someone to believe this nonsense until the siren part. Why would you run from an emergency vehicle?

Anyhow you are in deep trouble even if YOUR BELIEF was truthful. One the lights came on (let alone the siren) you aren't supposed to flee. If you believe your life is in danger, lock the doors and call 911.

You are charged with a FELONY. This is nothing to screw around with.
FIND A LAWYER TODAY!

OK. It wasn't an emergency vehicle. It was a four wheel drive Chevy truck. With nothing that I saw that indicated it was a police vehicle.

This is identical to that truck.

http://image8.autorevo.com/47/pics/5...8d861765b9.jpg

When he stopped next to me he was at my side, but not all the way up to my window. Later I found out that the truck says Fire Safety on it.

[seniorjudge]

Originally Posted by amclain

OK. It wasn't an emergency vehicle. It was a four wheel drive Chevy truck. With nothing that I saw that indicated it was a police vehicle.

This is identical to that truck.

http://image8.autorevo.com/47/pics/5...8d861765b9.jpg

When he stopped next to me he was at my side, but not all the way up to my window. Later I found out that the truck says Fire Safety on it.

Get a lawyer.

Yesterday.

[cyjeff]

Originally Posted by amclain

That's not what I wanted to hear. We stopped when heard the sirens.

and ran into a mall.

You forgot that part. You know, where your story crumbles into bite sized pieces suitable for choking upon.

Agreed... you need an attorney. And your girlfriend may still lose the car pending the outcome of your trial.

I wouldn't plan on getting your driver's license back anytime soon, either. Why you would think it would be a foolish question to ask someone that just committed a traffic felony for their license is beyond me.

[cyjeff]

Lastly, it is fleeing...unless, of course, you are actually charged with throwing biting insects at the police.

[Dougthegreat]

Originally Posted by amclain

one asked if I had a license - which I didn't because of x number of moving violations in a x number of years.

Originally Posted by amclain

I've never been in any kind of legal trouble before. I've only had moving violations - speeding, das... ect (NO DWI or anything like that).

So you don't consider license suspension "legal trouble"?

Let's summarize - you decided to intentionally perform maneuvers in a motor vehicle that would make you lose control of it - while your license was suspended. Then, when a vehicle with flashing lights pulls up behind you, you just speed up more. Finally, you decided to try and ditch him in a shopping mall.

Sounds like you deserve that felony charge. FYI, a judge is going to laugh if you provide this defense. You need legal counsel quick, unless you got particularly attached to your cell over the weekend.

Originally Posted by amclain

had it been a squad car or even a appropriately marked truck I would have never left my apartment.

You shouldn't have in the first place. Telling the judge "I would've BEHAVED myself, had I known he was a cop!" is not going to help your defense.

[FlyingRon]

Originally Posted by amclain

OK. It wasn't an emergency vehicle. It was a four wheel drive Chevy truck. With nothing that I saw that indicated it was a police vehicle.
.

The grill lights and the siren were a big give away.

Originally Posted by amclain

Also her car was returned to her. They told her that they didn't give her a hearing in 96 hours so it automatically goes back to her. I'm not sure if that's true or they made a mistake elsewhere.

The gov cant take private property with out due process. Example: California would impound cars when people used them to pick up hookers. Hence why getting a hotel near the corner was a good idea in Fresno. I digress. The supreme court said they must give a hearing to keep the car within a reasonable time frame. So instead they suspend your license I think and charge a $200 reinstatement fee.

Id get a lawyer or at least ask for one when at arraignment. Not really advice. I was harrased by an off duty cop, who chased me for 45 minutes before my car ran out of gas in a well lit populated area. He charged with fleeing and reckless driving. The cop did not show for trial. The reckless driving was dropped, but the judge when pressed by the pros. decided enough was present to proceed on the much more serious fleeing charge. Objected because needed the police testimony to clear my name deal.

Id look at state laws on emergency lights. What are official and what is the procedure for an off duty doing a traffic stop. If an official police vehicles, sometimes the law in some states allows for driving to either a police station or well lit public crowded place when not a commonly known and un-marked police vehicle involved. If you can find these things a lawyer can probably make a good arguement, either get you off or a plea deal off reduced charge, etcetera. My cousin is an police officer plain clothes auto theft investigator. She has a unmarked car. If she spots a stolen car, she has to call for a marked vehicle by her departments procedure. John stings on Cops (good excuse) the undercovers usually have marked units do the traffic stop so no confusion. You could get the court to order the police turn over any policy manuals spelling out procedure for doing un-marked stops.

Worry yes, but with a lawyer and knowing these things as in the laws, makes you better client. Shawshank movie has a line: "What are you in for?" reply: "My Lawyer screwed me" (censored). So know the law yourself before hiring and speaking to a lawyer or you'll not get their best efforts, in my opinion.