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if I was speeding and a cops saw me speeding ,then pull over

in a busy parking lot...
if I was speeding and a cops saw me speeding ,then pull over in a busy parking lot then get out and run and get found not near my car then get arrested and charged for dangerous driving not being the car,I was also with two friends and we all ran but only one got away I also didn't get readied my rights when being arrested can I fight this charge
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Answered in 1 minute by:
1/2/2013
Law Educator, Esq.
Category: Criminal Law
Satisfied Customers: 119,562
Experience: Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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What would you like to fight the charge based on? Did the officer positively identify you as being the driver of the vehicle? Did the officer take any statements from you regarding your commission of these criminal offenses?
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Customer reply replied 4 years ago
Well the car is registered to me and I don't think I gave statement of any sort but as I was getting out of car I was already out of car and police pulled up and started.chasing me I was found in a different parking lot and did not have my key in my position
If they cannot identify you as the driver of the vehicle, this is going to be your only hope here. If the car was registered to you and they saw you getting out of the drivers seat when you ran, I am afraid it is going to be pretty difficult to challenge that. The only other challenge you have is the proof of the speeding and if they got you on radar then they had probable cause for the stop. Running really did hurt your case, even if you did not have the keys in your possession when they found you if they can testify they saw you exiting or driving the vehicle and they positively identify you as the driver. The identification, from everything you said, would be your only real challenge.

As far as not reading you your Miranda rights, they did not have to read you those unless they were going to take a statement from you regarding the offense. If they did take any statements from you without reading you your rights, then those statements could not be introduced against you in court and any evidence gained from those statements would be inadmissible as well.

You are entitled to an attorney on these charges and your attorney is going to have to check the evidence to see if they can identify you as being behind the wheel and if they cannot do so then your attorney can move to suppress the identification as a means to get the charges dismissed.


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Law Educator, Esq.
Category: Criminal Law
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Experience: Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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Customer reply replied 4 years ago
running hurt me case as to appose not runnig?
Customer reply replied 4 years ago
So running hurt my case as to if I were to be in the seat o the veichle when they arrest me?
Running hurts in every case, because the court is entitled to infer that innocent people do not run from the police, so they can consider that as part of the evidence against you that you did commit some criminal offense, especially if the car was registered to you. If you were in the seat of the vehicle, your charges would certainly be much less than they are right now. All your attorney can rely on here, as I was saying above, is your argument that one of the other people was driving your car and the police cannot identify you as the person driving your car.
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Customer reply replied 4 years ago
Ok not knowing if they saw me leaving the driver door or not to actually seeing me drive the car yet Do you mean as like for them to see me physically driving the car or just leaving the driver seat because sone one could have been trying to get out a different door in veichle apposed to leaving out the door in which your sitting in
Your attorney will have to get the police reports to find out what they are saying they saw. They would have to be able to put you in the driver's seat, either driving or exiting from the driver's seat for them to say you were the driver of the vehicle. They are going to have to prove beyond a reasonable doubt it was you driving your vehicle at the time of the offense.
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Customer reply replied 4 years ago
" They are going to have to prove beyond a reasonable doubt it was you driving your vehicle at the time of the offense." what you mean by that is just being seen exiting the veichle through driver door enough? Beyond reasonable doubt?
Just seeing you exit the vehicle through the driver's door combined with the car being registered to you would generally be considered beyond a reasonable doubt unless you actually present some evidence that another person was driving and then you would have to put that person on the stand to testify.
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Customer reply replied 4 years ago
Ok so I have to get my diclousure
Yes, without seeing the actual evidence they have there is nothing more we can do other than speculate because neither you nor I know what they have written in the report or what they will testify to. This is what your attorney does when they first get your case, they examine the evidence in the DA's file so they know what to raise in your defense.
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Customer reply replied 4 years ago
cause they asked me who was the person who got away I said I didnt know just meet him at casino
I am afraid that is a defense that the courts and the DA have heard so many times it is likely not going to fly as they know that people in generally do not allow people they do not know to drive their cars. You really are going to have a hard time convincing the court that the guy who got away was the driver.
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Customer reply replied 4 years ago
What if when they arrested me for dangerous driving they did not serve me that form of the Notice of Intended Prosecution to seek greater punishment until I was in custody for 12hours does that make any difference?
I am afraid that the fact they did not serve you the notice would not have any bearing here, since it is the DA who decides on seeking greater punishment or not.
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Law Educator, Esq.
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