An officer pulled his weapon on me after he thought I was running on a motorcycle - and I'm being accused of e?

Question

This is my story and exactly how I experienced it. I am not looking for sympathy, just proper guidance on my situation... so obviously in order to do that I have to tell the truth. And I have nothing to prove to you guys.. I just need help because I've never been accused of anything like this before. I have 0 criminal history, never arrested... just minor traffic violations.

I was having lunch at the girlfriends house for my break at work when I noticed it was about 3:10PM and I had to be back at 3:20. Work is probably about 15 minutes away. So I immediately leave and jump on the highway to get to work and am moving faster than traffic to make up for time, probably 10-15 miles faster ( I wish I could be sure but I wasn't looking at the speedo). I am using my turn signals and I don't have mirrors on the bike because I primarily use it for competitive racing. So when I change lanes I look over with my tinted visor and make sure the lane is safe, put my signal on and move over. So I'm doing this pretty quick in an almost weaving fashion, but without being reckless or causing people to put there brakes on. Not a hooligan, just some guy trying to make it to work in time and keeping it safe. I keep the racing at the track, obviously, I have a race license. And I just got my bike back from putting a new motor in it, and new straight through exhaust which can be seen here....

http://www.youtube.com/watch?v=n-B2LKJpqTI

This video was taken just a couple days before actually.

Anyway, so I take my exit and come up to the stop light that's almost right there for me turn. The light is green for the traffic going straight, but I'm sitting behind a few cars waiting for my light to turn green and to make a left turn. That's when, after about 20-30 seconds of sitting there, I hear loud sirens approaching from behind. My first impression was a fire truck or something, maybe an ambulance because it sounded a bit different... and as i was sitting there I was waiting fo rit to pass and it never passed. So I turned around and there's a undercover police officer jumping out of his car, drew his gun on me, and said, "GET OFF THE BIKE NOW!!! GET OFF THE BIKE OR I WILL SHOOT YOU!!". So obviously my thoughts are racing at this point and I'm thinking, was I going over 100mph? There's no way. Then how long was he behind me? How did I not see or hear him? Maybe he just got caught in traffic..... Just all these thoughts going through my head and he tells me to get on the ground put my hands behind my back, etc... and he cuffs me. He immediately asks me why I was running and I said, "Sir, I had no idea you were behind me." He obviously said I was lieng. But anyway, apparantely he was behind me back when I was changing lanes, putting my turn signal on, and he thought I had visually saw or heard him... which I didn't hear him because of my loud exhaust and I didn't see him because I'm wearing a helmet with a tinted visor. So I have extremely limited periphereal vision, not to mention I wasnt not looking behind me I was looking to the next lane over to change lanes.

So long story short, cop turns out to be a nice guy, but I'm still being charged with evading, which is a felony.I was released without any time behind bars and no bond. I have to go to a preliminary hearing Monday... and then court is in November. With the cop dead set on thinking I saw him, I'm not sure how he thinks I was running from him. I mean, I could have hit 100+ in less than a couple seconds, and 160+ in less than 5. But I was cruising at 80-85mph and pulled off to go to work. I could have easily just shot up the highway until I couldn't see him anymore, then taken an exit, and pulled into a spot where he couldn't see. I have a racing license to prove I know what I'm doing on the bike, and I plan on bringing my helmet in to show them my limited amount of vision AND the video of my bike on the dyno just a few days before.

Anyway, like I said, I've never been to court so any suggestions or tips would be greatly appreciated in this HUGE mix up. I just hope the Judge doesn't think I actually saw him. Thanks all.

Answer 1

You need a lawyer.



You were driving a bike with no mirrors and a tinted helmet while speeding (to some degree or another, you can't say how fast you were going) and weaving in and out of traffic. I am inclined to think that if you were on a bike you use for competition racing, you were likely faster than 10-15 over.



There was a cop behind you with lights and sirens on, and you didn't stop. There's no way to prove if you saw/heard him or not, but the fact is that it is your responsibility to stop when he's behind you, period. It's not his fault that you didn't have mirrors and were on a loud bike with a tinted helmet... From his perspective, it looked like evasion and that's what you got charged with.



You need a lawyer, because with these facts it is likely you'll get convicted. A plea bargain to a misdemeanor charge is probably going to be your best bet.

Answer 2

The evading charge sounds defensible as your arguments gave me reasonable doubt of your guilt. But be sure that you have good legal representation because you don't want to take chances of getting a felony conviction.

Answer 3

I could make a site visitors give up if I think in well religion there's a violation. For illustration I see your tag is 06 and now not 08, despite the fact that I'm unsuitable I can pull you over. Perhaps my pc is down and I can not verify what the files actaully exhibit. If, accordingly of the give up I discover different violations, despite the fact that I discover the preliminary intent for the give up used to be mistaken (however in well religion), then I can write you. That stated, I have in no way written any one for having their cope with extraordinary at the coverage and license. We have plenty of discretion on if we write and what we write. I do not count on, nor wish my *** to be kissed, however I do not wish to be handled like sh!t both. Maybe the officer used to be having a foul day, or possibly your angle would have contributed...I have no idea as I wasn't there. Sometimes whilst I make a site visitors give up, if the driving force (or their passengers) begin to get "irritated" or "frustrated" with me for preventing them, I usually act a bit of extra "authentic" than I more commonly do. Is this reasonable, possibly now not, however it's lifestyles. I don;t make up explanations to give up men and women and it does get historical having to justify doing all of your process to men and women on a constant foundation despite the fact that. I've discovered as a stopped driving force (earlier than fitting a cop), that is its mainly fine to allow the cop speak first, then you'll alter your responses as a consequence. Some men and women do not realise this and suppose they may be able to have a gigantic debate at the facet of the street with us approximately the authorized justification for the give up. Again I'm now not announcing you had been like that, simply seeking to deliver you a few point of view from the "different facet of the hill". Either approach, I wish this one interplay with a police officer does not taint your view of all folks. PS-I've in no way have a quota to fill, in no way labored for a division that has required them and even heard of a division that does.

Answer 4

This is a bit squirrel as it was an under cover cop and was he in an un marked car also. I'd get a lawyer, if it was an unmarked car, in many states an unmarked car is not allowed to pull a person over for a traffic violation and if you were evading, evading what, what was he trying to pull you over for.

Yeah get a lawyer.

Answer 5

first i have to comment on your ranting..... no one here wants to read you go on and on about something thats not relevant to the story so all that "fluff" you put just annoys people. and nobody cares really about your racing or anything to do with your bike STICK to what you want us to answer,.





second. the only thing you can do is explain to the judge exactly what you explained on here and the judge will decide what to do.'



edit: and i have a right to my opinion. i answered your question, i just get annoyed by people that try to add things that arent needed. so sue me.....geeze