What is the name of your state?
Arizona
I was pulled over last week by an unmarked truck. Since I did not know if the truck was official, I never actually pulled over until the first marked AZ State Trooper with the DPS arrived behind the truck.
My friend and I were ordered to exit the car at gunpoint. This was an ordeal as my friend is non verbal and special needs.
The emotionally charged undercover narcotics detective was on his way home when he decided he had a problem with my driving. He and his passenger (partner) had pulled up along side me on the interstate giving me dirty looks before they slowed back down and got behind me.
After following me about a half mile, and I just continuing in the same direction and manner as we all had been for about 30 miles, they decided to light me up.
I kept heading to my destination and the marked DPS officer did not catch up to us until miles down the road.
This had obviously upset the driver of the truck as he was the one pushing my charges. I explained to him I did not know if the car was official so I wasn't going to stop until a marked car showed up.
At this point he told me I would be going to jail and my car impounded. He also took and confiscated my cell phone as it was recording when we were stopped. He said it would be used for evidence in the case. He had another officer call my buddies mother to come pick him up 15 miles back on the interstate and still 40 miles outside the town we live.
I was more than compliant with all officers after the stop. I had told my side of why I did not stop, and when he tried to get me to argue with him I just deferred and was quiet.
The emotionally charged officer had told me while in cuffs in the back of another DPS officers car that he was only going to pull me over and give me a written warning, but since I did not stop he was going to give me the large ticket(s) and take me to jail.
After an hour or so in the back of the car while he decided my charges and wrote my ticket, I was told that I too would be let go with my buddy to be picked up by his mother. He had already impounded my car, and did say he was going to keep the phone that was recording. The tickets he charged me with were 28-622.01 (unlawful flight from law enforcement vehicle) and 28-695A (aggressive driving).
As I was being escorted (no longer cuffed) to the vehicle that was going to be giving me a ride up to meet our ride home, I thanked the original detective that pulled me over for being generous in not taking me to jail. He responded with "I am not being nice, I am just being lazy."
I spoke with a lawyer later the next day after getting my car out of the impound lot ($187.50). He mentioned that the officer charged me with the felony flight which clearly states it must have been fully marked law enforcement vehicle, which in this case was definitely not. Also since this is a fellony charge he would have needed to conduct more than just a paper arrest. He mentioned he could get the flight charge dismissed no problem.
The next day I received a call from the now not so emotionally distraught original detective that made the stop and charges. He stated that he had some time to think about it, and that he was not going to charge me with the flight at all. He said if his daughter was being followed by a random unmarked car with red and blue lights and a siren, he wouldn't want her to pull over either. He also mentioned that he would like to get me my cell phone back, because it would not be used as evidence as the flight charge was being dropped.
The next day I appeared in court to set for pretrial and plead not guilty, but the court still had both charges on file. The judge did mention something about how it would not be the felony charge flight which is clearly printed on my original citation, rather the misdemeanor lesser charge for flight from an officer.
My question is, can they impound my car for aggressive driving charges? I have valid license am 37 years old, and there is no theft or title or registration legalities in question. He obviously realized that he never should have taken my phone, nor would be able to use it as evidence. I am guessing he realized he completely messed up with his charges, if not even stopping me in the first place. It seems he is just scrambling to hold on to whatever he can at this point. I mean he basically called me on my phone and told me I was right not to pull over, and that he over charged, and that shows he to be emotionally aggravated at the time of the stop.
I am thinking he never should have made a traffic stop, as he was, and is not a traffic officer. I am also thinking the aggressive driving should be dropped as it shows much incompetence and decisions made while upset over something he agreed was right days later. I am under the impression that they can not impound my vehicle, nor confiscate my phone for the claimed aggressive driving charge.
I know this is long winded, however it is the best I could describe my most interesting police interaction to date.
I appreciate any advice, and this forum to ask my questions. Peace and Blessings to all. Especially the officer who obviously needs a vacation.
Arizona
I was pulled over last week by an unmarked truck. Since I did not know if the truck was official, I never actually pulled over until the first marked AZ State Trooper with the DPS arrived behind the truck.
My friend and I were ordered to exit the car at gunpoint. This was an ordeal as my friend is non verbal and special needs.
The emotionally charged undercover narcotics detective was on his way home when he decided he had a problem with my driving. He and his passenger (partner) had pulled up along side me on the interstate giving me dirty looks before they slowed back down and got behind me.
After following me about a half mile, and I just continuing in the same direction and manner as we all had been for about 30 miles, they decided to light me up.
I kept heading to my destination and the marked DPS officer did not catch up to us until miles down the road.
This had obviously upset the driver of the truck as he was the one pushing my charges. I explained to him I did not know if the car was official so I wasn't going to stop until a marked car showed up.
At this point he told me I would be going to jail and my car impounded. He also took and confiscated my cell phone as it was recording when we were stopped. He said it would be used for evidence in the case. He had another officer call my buddies mother to come pick him up 15 miles back on the interstate and still 40 miles outside the town we live.
I was more than compliant with all officers after the stop. I had told my side of why I did not stop, and when he tried to get me to argue with him I just deferred and was quiet.
The emotionally charged officer had told me while in cuffs in the back of another DPS officers car that he was only going to pull me over and give me a written warning, but since I did not stop he was going to give me the large ticket(s) and take me to jail.
After an hour or so in the back of the car while he decided my charges and wrote my ticket, I was told that I too would be let go with my buddy to be picked up by his mother. He had already impounded my car, and did say he was going to keep the phone that was recording. The tickets he charged me with were 28-622.01 (unlawful flight from law enforcement vehicle) and 28-695A (aggressive driving).
As I was being escorted (no longer cuffed) to the vehicle that was going to be giving me a ride up to meet our ride home, I thanked the original detective that pulled me over for being generous in not taking me to jail. He responded with "I am not being nice, I am just being lazy."
I spoke with a lawyer later the next day after getting my car out of the impound lot ($187.50). He mentioned that the officer charged me with the felony flight which clearly states it must have been fully marked law enforcement vehicle, which in this case was definitely not. Also since this is a fellony charge he would have needed to conduct more than just a paper arrest. He mentioned he could get the flight charge dismissed no problem.
The next day I received a call from the now not so emotionally distraught original detective that made the stop and charges. He stated that he had some time to think about it, and that he was not going to charge me with the flight at all. He said if his daughter was being followed by a random unmarked car with red and blue lights and a siren, he wouldn't want her to pull over either. He also mentioned that he would like to get me my cell phone back, because it would not be used as evidence as the flight charge was being dropped.
The next day I appeared in court to set for pretrial and plead not guilty, but the court still had both charges on file. The judge did mention something about how it would not be the felony charge flight which is clearly printed on my original citation, rather the misdemeanor lesser charge for flight from an officer.
My question is, can they impound my car for aggressive driving charges? I have valid license am 37 years old, and there is no theft or title or registration legalities in question. He obviously realized that he never should have taken my phone, nor would be able to use it as evidence. I am guessing he realized he completely messed up with his charges, if not even stopping me in the first place. It seems he is just scrambling to hold on to whatever he can at this point. I mean he basically called me on my phone and told me I was right not to pull over, and that he over charged, and that shows he to be emotionally aggravated at the time of the stop.
I am thinking he never should have made a traffic stop, as he was, and is not a traffic officer. I am also thinking the aggressive driving should be dropped as it shows much incompetence and decisions made while upset over something he agreed was right days later. I am under the impression that they can not impound my vehicle, nor confiscate my phone for the claimed aggressive driving charge.
I know this is long winded, however it is the best I could describe my most interesting police interaction to date.
I appreciate any advice, and this forum to ask my questions. Peace and Blessings to all. Especially the officer who obviously needs a vacation.
