jakethemitch
Junior Member
What is the name of your state (only U.S. law)? Arizona
I was driving down Mill Avenue (downtown) in Tempe, Arizona when I made a right turn in to what I thought was a dirt parking lot. There were 5 police officers on bicycles sitting next to a tree about 10 feet down the road from the end of the white bug. I made the mistake of thinking that the cement block was a ramp down in to the dirt parking lot. I went off the curb and scratched the bottom of my tail pipe due to the drop. Immediately 6 police officers swarmed my vehicle in the parking lot on bicycles, hitting on my windows and telling me to step out of the car. They made me walk to the back of the car and were all completely freaked out because they thought "I was trying to jump the curb and run them over" (this happened on halloween night and apparently there was a threat sent out in my area saying that someone was going to kill police on that night). After determining I was not under the influence of anything, and making me sit there for 20 minutes while they discussed some things to charge me with, the officers decided on two misdemeanors, driving on a sidewalk (Arizona Section 28-904), and Driving in a bike lane (Arizona Section 28-815).
I am going to court to argue that the cement block looks deceivingly like an entrance to the dirt parking lot, and my actions do not constitute driving on a sidewalk any more than it constitutes driving on a sidewalk to enter ANY parking lot along Mill (you must drive through the sidewalk to enter the majority of parking lots along the street). I was also going to argue against the 'driving in a bike lane' charge because I was not even driving in the bike lane , I simply passed through it to make my turn into the parking lot. The most frustrating part is that I feel they simply were looking for things to charge me with because they felt I had threatened them (and I am not even sure why). Irregardless, I am curious if I have any legal case here what-so-ever. I know very little about criminal law and was just looking for some input on the matter.
Thank you in advance!
I was driving down Mill Avenue (downtown) in Tempe, Arizona when I made a right turn in to what I thought was a dirt parking lot. There were 5 police officers on bicycles sitting next to a tree about 10 feet down the road from the end of the white bug. I made the mistake of thinking that the cement block was a ramp down in to the dirt parking lot. I went off the curb and scratched the bottom of my tail pipe due to the drop. Immediately 6 police officers swarmed my vehicle in the parking lot on bicycles, hitting on my windows and telling me to step out of the car. They made me walk to the back of the car and were all completely freaked out because they thought "I was trying to jump the curb and run them over" (this happened on halloween night and apparently there was a threat sent out in my area saying that someone was going to kill police on that night). After determining I was not under the influence of anything, and making me sit there for 20 minutes while they discussed some things to charge me with, the officers decided on two misdemeanors, driving on a sidewalk (Arizona Section 28-904), and Driving in a bike lane (Arizona Section 28-815).
I am going to court to argue that the cement block looks deceivingly like an entrance to the dirt parking lot, and my actions do not constitute driving on a sidewalk any more than it constitutes driving on a sidewalk to enter ANY parking lot along Mill (you must drive through the sidewalk to enter the majority of parking lots along the street). I was also going to argue against the 'driving in a bike lane' charge because I was not even driving in the bike lane , I simply passed through it to make my turn into the parking lot. The most frustrating part is that I feel they simply were looking for things to charge me with because they felt I had threatened them (and I am not even sure why). Irregardless, I am curious if I have any legal case here what-so-ever. I know very little about criminal law and was just looking for some input on the matter.
Thank you in advance!
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