Archive for the ‘Kids Motorcycle Helmet’ Category
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What punishment would you want to see given to a person who alegedly eluded police in a high speed chase?
There has been a HEATED discussion about punishments handed out to people who elude police in high speed chases. So I want YOU to be the jury on this one.
In this scenario, the person successfully evades the police at night on dark country roads and a rather calm and respectful individual with similar clothing and bike is later found. The police and the courts believe they have the right person. Nobody was injured and the roads were nearly empty. Biggest risk was the rider killing himself and the police killing themselves or one of the few people on the road that night (They did 130MPH).
So you are now on a jury! Some idiot decides to take police on a wild and reckless chase approaching speeds of 135MPH through several counties. The jerk evades road blocks and shows no respect to the police authority by not stopping even when the police are side by side. The rider escapes and the pursuit is called off shortly after calling out a helicopter. Armed with only a partial plate, dark video and general desciption of bike color and helmet and things like that. an All points bullartin is put out. A tip is called in and an individual matching the description is found on the phone laughing with a local woman, a stranger who was helping him call a wrecker for his broken down bike. He is arrested but is completely cooperative and extremely respectful of the officers. He spends the night in jail before bailing himself out and repairing his failed front brakes.
Now for the other side. This individual is an Air Force veteran and successful computer engineer with no record and only a few speeding tickets. Born poor in a 3rd world country and schooled in some of the toughest and most violent schools, he chose the right path in life and graduated with honer leaving. Closest to being arrested was being put in handcuffs after being harrased by cops who tried to accuse him of spraying graffiti on a wall at 7AM on a weekday, when in fact his chain on his bike(which the officer never looked at) was broken and he was waiting on assitance when the police shoewed up. He is a highly trained and skilled rider with race track experience. He has never been in an accident, sold drugs and does not believe in software and music piracy. He also does not drink or smoke and is very health concious. He is single and is passionate about helping troubled youth stay on the right path. He has spoken an numerous high schools and has been voted best presenter by the students. He also offers free training about motorcycle safety and other things online. Specifically he has been a very vocal advocate of discouraging people from running from the police on bikes.
Evidence:
Low quality police video
Very close match on a few items of clothing and three letters(sticker) on his jacket
Multiple officers written reports of what they say in pitch black night with their spotlights
Maybe you think they have the wrong person, maybe you don’t, but let’s assume that although not 100% solid it at least looks like this individual very closely matches the description of the runner but there is no description of the actual person at all(can’t see them in riding gear). The judge thinks they have the right person and would like a minimum of 30 days in prison and a felony conviction. This will ruin the the man’s life and prevent him from being able to help more kids and since he uses a lot of his own money to fund his efforts to helps troubled kids, he will be very limited there.
What do YOU think? Did he do it? If he did, will you support the judges proposal? If not what will you support? $2500 fine and probation? The fine and community service, perhaps focusing on preventing other riders from putting their lives and the public at risk? House arrest? Critical factors are:
Should there be anymore jail-time than the already spent night in jail and should there be a felony conviction?
The question boils down to one thing:
How sure you are that the person was the person doing the evading. Is the jacket store brand super common bike clothing or is it of football team from the persons nation of origin.
They have a partial plate. When they ran the numbers did the returned information match any other bikes that fit the description of the person/helmet/bike paint job?.
The police say he matches the same general appearance so thats something.
Was he and his bike found broken down near a road where these winding country back roads exited?
If the circumstantial evidence is found to be enough to convict him everything from "The other side" paragraph is pointless to me.
He committed a felony, was tried and found guilty and should be sentenced accordingly.
EDIT
It is also guilty beyond a REASONABLE doubt.
Why was I given a ticket for resisting / obstructing an officer?
The other day, police came to my friends house for a noise complain. As they were walking around the neighborhood, they saw me in the back of the house standing next to a gate (which they were on the other side of). I was wearing full motorcycle gear.
They saw me and asked me what I was doing. I replied "nothing". They asked me to come closer and so I did. If I lived there and I said yes (I didn’t). They said why are you in full gear then with a Motorcycle Helmet on? I said ok i don’t live here. They asked me if I just came from a party, and I told them that there was a party above the street from us (there was). The house I was at did have a party earlier, but at the time the police got there, there was about 8 people there and things were silent. they next asked me if they could see my i.d and i showed it to them. I am 21 years old. They asked if I had been drinking, and I said no. (I really had been drinking, but very lightly, I was never given any tests, never stuttered a word, I was sober.)
At this point, they asked me to come closer, I told them that I was comfortable where I was (since they were behind a gate and couldn’t reach me). He told me to come around front and talk to him and his partner like a man. He then proceeded to yell ‘get your ass over here now or I witazeirst spray you (with some stuff he had aimed at me in a can) and then I will taze you.’
At that point, I felt very uncomfortable, and I said politely: "I am going to go back inside the house". I turned around and walked (in a fast pace) back inside. The police officers never asked me to stop or turn around.
After being in the house for a few minutes, the police officers pulled everyone out of the house and were yelling at the front door for me to come outside. After about a minute, I stood in front of the door and the officer said if I don’t come outside, he will walk in the house and ‘drag my ass out’.
I told the officer politely that I was going to stay exactly where I was at, a few feet from him inside the house. He said ‘fine’ and walked into the house. At that point I said please do not come in. He grabbed me by my jacket hood and dragged me outside. At that point, he pulled the hood so hard I fell over and started choking on the jacket which was fully zipped up. I remember making a few choking noises.
Once I was outside, the officer and his partner cuffed me. The officer proceeded to tell all of my friends (some of whom drank and were under 18) that if they drank, stay at the house until the morning. The officer let everyone go in except for me.
After everyone went in, the officer and his partner talked to me personally. They told me that they would give me a citation just for obstructing / delaying an officer. They asked me why I didnt cooperate and I proceeded to tell them that I had drank and that when the people said the cops were outside, I paniked and put all my gear on and went into the back yard (which is where the cop saw me at). I also told him that having the bottle pointed at me and being told I was going to be tazed made me feel uneasy so that is why i went back inside. He told me he didn’t know what i was doing and that I could’ve been a robber or something. He kept asking me if "we were cool" with each other. I said sure. I ended up getting a citation for a misdemeanor resisting an officer and then uncuffed. The officer told me that he was sure i am a good kid that just made the wrong decisions and that the charge would probably get dropped because its been known to get droppped. He kept asking me if I had been arrested before, and i said no. The truth is, I had a dui when I turned 18. So, I am still on probation for it. I think this will violate my probation.
1)was I in the wrong to walk away? I was never told to officially freeze or anything or that I had to stop and turn around or that I was being detained.
2) If I am in the wrong, what should I do to best get this case dropped.
3)if i need one, should i get a private lawyer or public appointed lawyer?
Also, is there a way to talk to the district attorney personally? I was thinking of calling / emailing / setting up a meeting and asking for the case dropped or something.
Let me also say that I did not RUN away. I walked away. Maybe its the same thing, but I needed to clarify.
You need a Criminal Defense Attorney now!!!
Start interviewing at least 3 or 4 Criminal Defense Attorneys.
Hire the Criminal Defense Attorney that you think is best for your case.
Do not talk with The District Attorney or the Police unless your Criminal Defense Attorney is present.
If the Police or anyone says they want to talk with you about this incident tell them that you want to contact your Criminal Defense Attorney first and that you will not talk with them unless your Criminal Defense Attorney is present.