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ofcr2be
10-21-06, 08:56 PM
Didnt there used to be a Fleeing & Eluding charge? It was either a class A misd or a B. It came in handy for those individuals who wouldnt pull over right away, and would continue driving a mile or so to their driveway. In Dallas County they will not prosecute a defendant on an evading charge who fled less than 2 miles. Thats why we charged them with Fleeing or Eluding.

I have looked into the penal code but all I can find is evading on foot or in a vehicle, resisting and also hindering arrest. Hindering arrest refers to a third party preventing the arrest or prosecution of an individual.

I have a stupid friend who evaded police in a vehicle and then on foot. Im hoping the defense can negotiate with the prosecutor to reduce it down to a lessor charge from a F/S to a misdemeanor.

Your thoughts, advice, insight...


Curt581
10-21-06, 09:12 PM
I have a stupid friend who evaded police in a vehicle and then on foot. Im hoping the defense can negotiate with the prosecutor to reduce it down to a lessor charge from a F/S to a misdemeanor.

Your thoughts, advice, insight...

Why would you think we'd want to help someone who fled from the police?

:confused:

Valor55
10-21-06, 09:44 PM
Your thoughts, advice, insight...

That would be scumbaglawyers.com. I think you'll find the firm of Dewey, Cheatham, and Howe suitable for your cause.


kels
10-21-06, 10:28 PM
FLEE AND ELUDING IS JUST THAT.

There is nothing more STUPID than continuing to your driveway before you stop. Not only do you get the fleeing and eluding charge, I WILL tow your car to impound. After I talk to the county attorney about how SMART you thought you were, it will remain there until the attorney you hire gets the judge to sign a release order.

Gee, lawyer fees and a tow bill. OUCH

But then again, Im a nice guy...................................
Yep, the wife doesnt buy that line either.

txinvestigator1
10-21-06, 11:13 PM
In Dallas County they will not prosecute a defendant on an evading charge who fled less than 2 miles.
...


That is not true AT ALL. :rolleyes:


Thats why we charged them with Fleeing or Eluding.
who is "we"? :rolleyes: x2




Texas Penal Code
38.04. Evading arrest or detention.

(a) A person commits an offense if he intentionally flees
from a person he knows is a peace officer attempting lawfully to
arrest or detain him.

(b) An offense under this section is a Class B misdemeanor,
except that the offense is:

(1) a state jail felony if the actor uses a vehicle while the
actor is in flight and the actor has not been previously convicted
under this section;

(2) a felony of the third degree if:

(A) the actor uses a vehicle while the actor is in flight and
the actor has been previously convicted under this section



Texas Transportation Code

545.421. Fleeing or attempting to elude police officer; offense.

(a) A person commits an offense if the person operates a
motor vehicle and wilfully fails or refuses to bring the vehicle to a
stop or flees, or attempts to elude, a pursuing police vehicle when
given a visual or audible signal to bring the vehicle to a stop.

(b) A signal under this section that is given by a police
officer pursuing a vehicle may be by hand, voice, emergency light, or
siren. The officer giving the signal must be in uniform and
prominently display the officer's badge of office. The officer's
vehicle must be appropriately marked as an official police vehicle.

(c) Except as provided by Subsection (d), an offense under
this section is a Class B misdemeanor.

(d) An offense under this section is a Class A misdemeanor
if the person, during the commission of the offense, recklessly
engages in conduct that places another in imminent danger of serious
bodily injury.

(e) A person is presumed to have recklessly engaged in
conduct placing another in imminent danger of serious bodily injury
under Subsection (d) if the person while intoxicated knowingly
operated a motor vehicle during the commission of the offense. In
this subsection, "intoxicated" has the meaning assigned by Section
49.01, Penal Code.


545.156. Vehicle approached by authorized emergency vehicle.

(a) On the immediate approach of an authorized emergency
vehicle using audible and visual signals that meet the requirements of
Sections 547.305 and 547.702, or of a police vehicle lawfully using
only an audible signal, an operator, unless otherwise directed by a
police officer, shall:

(1) yield the right-of-way;

(2) immediately drive to a position parallel to and as close
as possible to the right-hand edge or curb of the roadway clear of any
intersection; and

(3) stop and remain standing until the authorized emergency
vehicle has passed.


With evading you have to be able to show the person was intentionally fleeing.

With fleeing all you have to show is the person wilfully fails to stop. The culpability is less.

Fail to yield ROW is easier to prove, but it is only a fine offense.

mcsap
10-22-06, 12:46 AM
Didnt there used to be a Fleeing & Eluding charge? It was either a class A misd or a B. It came in handy for those individuals who wouldnt pull over right away, and would continue driving a mile or so to their driveway. In Dallas County they will not prosecute a defendant on an evading charge who fled less than 2 miles. Thats why we charged them with Fleeing or Eluding.

I have looked into the penal code but all I can find is evading on foot or in a vehicle, resisting and also hindering arrest. Hindering arrest refers to a third party preventing the arrest or prosecution of an individual.

I have a stupid friend who evaded police in a vehicle and then on foot. Im hoping the defense can negotiate with the prosecutor to reduce it down to a lessor charge from a F/S to a misdemeanor.

Your thoughts, advice, insight...

If you are TRULY an officer to be , than you need a new set of friends. It sounds like your friend got what he earned. The REAL POLICE and others on this PRO police site would like to see him get his "reward" for running.

scott715us
10-22-06, 02:11 AM
Failing to stop in a vehicle when signaled by a law enforcement officer (whether by blue lights, by hand, or yelled to stop) in TN is a Class E felony.

LA5150
10-22-06, 05:42 AM
I have a stupid friend who evaded police in a vehicle and then on foot. Im hoping the defense can negotiate with the prosecutor to reduce it down to a lessor charge from a F/S to a misdemeanor.


Ditch your "stupid" friend.

If you really want to become an officer, I question why you would keep such friends. People who flee in a car, and then on foot, are not just running because "they're scared" of a ticket or something. Your friend is dirty, plain and simple, and you should distance yourself from him despite what lame excuse he may have told you to explain his actions.

I also question why you hope the charges would be reduced. Making that statement makes it seem like you are condoning what your friend did. Maybe you are just being a loyal friend, but perhaps you should be asking yourself exactly what kind of person you are being loyal to, and if they deserve it or not.

deputywave
10-22-06, 06:57 AM
I have a stupid friend who evaded police in a vehicle and then on foot.

Will this hurt my stupid friend's chances of becoming a police officer?:D

acreature
10-22-06, 08:02 AM
I have a stupid friend who evaded police in a vehicle and then on foot. Im hoping the defense can negotiate with the prosecutor to reduce it down to a lessor charge from a F/S to a misdemeanor.

Your thoughts, advice, insight...Find a new friend or go away. Either makes no difference, you've still wasted our time.

phantasm
10-22-06, 10:47 AM
Failure to pull over immediately (to a safe area) will result in multiple units and a gunpoint carstop including at least a search of the passenger compartment of your vehicle.

Big Sexy
10-22-06, 12:18 PM
In Dallas County they will not prosecute a defendant on an evading charge who fled less than 2 miles. Thats why we charged them with Fleeing or Eluding.

I have a stupid friend who evaded police in a vehicle and then on foot. Im hoping the defense can negotiate with the prosecutor to reduce it down to a lessor charge from a F/S to a misdemeanor

After damn near a 3 year absence, this is how you recommence participating on the site? Sad, just sad. Well here are some of your top posts. Enjoy the read and think before you post next time. By the way, the red goes good with your eyes. :D

(1)
I am a 23yr old rookie for a local dept. in Dallas Co, TX. Ive reserved for this dept for a year, been a jailer for four years, and am now attempting to make PO-lice a full time gig.

(2)
No im a male, I am twenty and im seeing a much older officer. I work for the jail division, im taking the test next year to be hired on as police. From August 2003

(3)
When I come home from work Ive had enough reality checks in law enforcement to last me the rest of the night (especially after 3hrs of paperwork). Watch "The Wire" on HBO. Thats about as close to the real thing yet. From March 2003

(4)
I personally do not like speeders. 13 or better is the cut off. You know your speeding at that point and deserve a ticket regardless of how nice you are. I like the idea of writing them up for fail to obey highway sign. From March 2003.

(5)
I have been working for the DeSoto Police Dept. for a total of 6yrs, but 2 of those yrs have been in the Tri-city Jail. I am 20yrs old. I **** you not, the chief, the other admin (recruiters, persons responsible for hiring and background checks), other P.O.'s they've all asked me to test. They thought I did this past december. I havent been hired on as a police officer, but it's pretty much in the bag From February 2003.

On this one, BIG assumes you were a 14 year old employee of the DeSoto Police Dept. Damn, most states have minimum age laws, to prevent child laborer from happing. Did the DeSoto Police Dept. ignore the law.

(6)
I think statistics show that 60% of police pursuits end in crashes, 40% of them are fatal crashes. I could be wrong, don't quote me on those percentages, but I do know it's high. I honestly believe more bad things will happen if we changed the policy on pursuits. If we give the public the impression that we will let them get away with whatever, more laws would be broken. The fact that police instill a fear in a deviant can sometimes help that deviant from engaging in criminal behavior. Most people will think twice before they do something illegal, but if the police are going to go after them, why not do what you want. Hell, if I knew police wouldn't try to pull me over [chase me] on the freeway for driving my car over 130mph, I'd do it whenever I felt.

If they limit what the police can do in pursuits, they need to allow more use of intervention. If they are going to run, they should be taken out as quickly as possible. From September 2002.

(7)
You said you weren't driving carelessly, yet if you are 200ft away or however many feet you were, that is close enough to a soccer field. Usually, soccer fields are public areas and tend to have a lot of people in them. If you were speeding through a school zone, regardless if the school zone was in effect, you could still get a ticket for careless driving. Just b/c you didnt see anyone around, doesn't mean they weren't there. Frankly, someone with an attitude like yours probably deserves a ticket. Just think of all those other times you got away with things...Im sure it adds up, eh? From August 2002.

(8)
I am a good employee for the dept. I work for in Dallas, and they brought me through the back door. No bull****, they love me to death. I guess it's just the luck of the draw. Just for the record, Im with the top 20% of my dept. who are in the best shape. From July 2002.

(9)
You are right...it is ridiculous to let a driver who drives away like a maniac get away. I'd let the 2nd trooper pull that man/woman over again too. So, cops will pull people over for being angry now? Yeah, it is bad that people get angry b/c they do stupid things and might end up getting someone killed, but still...There is the law and the spirit of the law. BUT, if FannyD was speeding AGAIN, hell ****in yeah that 2nd trooper was justified & I'd pull him over again too. From May 2002.

(10)
Well I have more respect for you guys then the officers I work with. They must be afraid to do their jobs b/c they are worried about law suits. From May 2002.

(11)
My name is Rick. I am an explorer for DeSoto PD. Plan on being a reserve there in a few years until i finish college. I was thinking about joining Dallas PD later. From May 2002.

(12)
I'm not a police officer, From April 2002

Reapp
10-22-06, 01:21 PM
545.156. Vehicle approached by authorized emergency vehicle.

(a) On the immediate approach of an authorized emergency
vehicle using audible and visual signals that meet the requirements of
Sections 547.305 and 547.702, or of a police vehicle lawfully using
only an audible signal, an operator, unless otherwise directed by a
police officer, shall:

(1) yield the right-of-way;

(2) immediately drive to a position parallel to and as close
as possible to the right-hand edge or curb of the roadway clear of any
intersection; and

(3) stop and remain standing until the authorized emergency
vehicle has passed.


With evading you have to be able to show the person was intentionally fleeing.

With fleeing all you have to show is the person wilfully fails to stop. The culpability is less.

Fail to yield ROW is easier to prove, but it is only a fine offense.

Can't charge someone for failing to yield RoW for not pulling over, if you notice the emergency vehicle has to pass you in order to complete the offense. I would know, I tried this back in my rookie days :D

JD45
10-22-06, 01:34 PM
Ohh......someone needs to be baaaaaannned...:D

Big Sexy
10-22-06, 01:51 PM
Ohh......someone needs to be baaaaaannned...:D

BIG doesn't know about banning, but shutting his mouth may be in order.

Legoate
10-22-06, 05:18 PM
Some nice research there. Big Sexy must be really bored, and not feeling too sexy these days or he'd have better things to do that read wannabe posts from 2002. :)

Big Sexy
10-22-06, 05:27 PM
Some nice research there. Big Sexy must be really bored, and not feeling too sexy these days or he'd have better things to do that read wannabe posts from 2002. :)

BIG SEXY is a SEXY investigator, that is what he does, be SEXY and investigates. :D

scott715us
10-22-06, 11:07 PM
Nice homework Big....

Jay7376
10-22-06, 11:15 PM
Crap, just gave green on accident...:mad:

Someone get my back!!!


IBTL

Drew27k9
10-22-06, 11:32 PM
Crap, just gave green on accident...:mad:

Someone get my back!!!


IBTL

How is his red now...:D

Jay7376
10-22-06, 11:42 PM
How is his red now...:D

Looks great...

I owe ya!:D

Cinnamon
10-23-06, 12:18 AM
Very impressive Big!:D That deserves some green for you and red for him! And of course Jay7376 needs a little smack upside the head!

Philodox
10-23-06, 02:31 AM
Wow, this goes right there with those "guys" we all know that start every story with "There I was.." or "Let me tell you something about (insert subject here)"... *sigh*

mcsap
10-23-06, 04:51 AM
Ofcr2be has been shown the door.

Thanks to BigSexy for his diligent detective work , he uncovered a troll, poser and all around imitator.