I see where you are coming from. The point of the thread is more about the lack of evidence and them still finding me guilty "beyond a doubt"

 

Yeah, I understand man. Skipper has a good point, Was there an exit between where the cop was passed and you were pulled over? In my eyes that would make or break your case. That would create serious doubt if the cop did in fact admit to losing site for an extended period of time.


If there is no exit, small yellow car passes cop, he then catches up to you... it seems like beyond a reasonable doubt. I mean, plenty of people try to run from the cops and the cop loses site for some moment of time. As long as the sirens are on, he is in pursuit and its okay if he loses site. It may not always be beyond any doubt, but if there is no realistic way for there to have been a 3rd car, it seems unlikely there would be reasonable doubt as to believe it was wasn't you.

Did you make any mention of another car passing you, or you just getting on the highway when the cop pulled you over? I mean.... If there is no exit, you would have had to of passed the cop after the first car did and the officer would have had to pull out virtually right behind you. I can't imagine the road was full at 2am. Additionally, if you had come off a ramp at just the right time, it is likely the cop would have seen you coming off the ramp or you would have seen him with his lights on. A judge looks at the totality of the circumstances and it doesn't look good for you unless there is something more. Judges tend to assume the cop pulled over the right person in speeding cases. Its hard to beat a speeding ticket. Best bet is almost always to get it reduced or plea. Again, i suggest thinking about working on a plea bargain. If you get another harsh sentence and appeal, this ticket could end up costing you a fortune.

 

I don't know this for a fact, but it might have been better if the law enforcement(I assumed State Police earlier) would not have turned on his lights to begin the pursuit, especially at 2am.

Theoretically, what is the main thing police look for at 2am? Drunk drivers usually. High rate of speed and possible alcohol with a spritzer of dancing lights, and you have a concoction of possible mayhem. flashing lights can have one of two effects on people. One is they slow down and begin preparing their story. The second is the "flight" reflex. This is why some jurisdictions are changing their high-speed pursuit tactics.

Another thing with the "beach"area, wasn't it just last year that that surveillance sting nabbed all those freeway racers/ricers? That area in general has had more than its fair share of high speed news.

Will, I hope your lawyer is as good as they say. If he is, and you didn't have any previously suspended sentences, I'm guessing you might be able to get that time reduced or suspended all together. Good luck.

 

Well, after the recent Supreme Court case, a cop cannot be held civilly liable for ramming a vehicle (using deadly force) to end a police chase. This presumptuously only applies to high speed (80-90+), but I doubt tactics will change for the better after that. The police need not use the safest tactic ( didnt in the SC case) or even exhaust other non-deadly methods. The cop doesnt even have to know why he is chasing the driver (the actual cop that rammed him didn't in the SC case). IMO, If anything tactics will become more aggressive, not the other way around. Section 1983 suits against police officers provide a valuable check on protecting your rights, anytime excess is barred, it could hurt.


As for the police sirens. Im not 100% certain, but the officer has to show some sign that he is after the suspect. I would assume no sirens and then losing site would seriously hurt the police officers claim to "eluding" at a minimum. I have had a Criminal Procedure and Criminal Law class, but we never discussed speeding, so I can't really give a "lawyerly" answer, other then IT DEPENDS.

 

My bad... I agree with you on this.

For the record, I have zero college or law background. Don't even try and hold my remarks against me!

 

huh?