Can police correctly accuse you of trying to evade if..?

Question

Do they have to see you trying to evade or do they have to enter into a persuit. I was driving the other night at like 1am and as i passed a cop i saw him/her brake and turn in the nearest break in the median and turn around. I turned into the nearest subdivision before he could catch up. I love medians. I really didn't brake any laws, my car is lowered and that is it, and that is a pricey ticket. I mean i could just BS some story, hey my car has mechanical problems a lot. Sorry if i know i can get away without suspicion of that then i will. I would pull over if cops here were not such buttholes (not all but more then where i lived before). I think some minor things should be taken lightly, they should spend more time on bigger things. They give you tickets for the most rediculous stuff.

Answer 1

By your own admission, you saw him turn around to follow. If he had turned on his lights and you ducked into the subdivision, then yep, that would be evading............



I was stopped once and the officer was going to cite me for evading. I wa doing about 130 and went by him. I traveled a little ways and then pulled to the side of the road. It took him a couple of minutes to catch up. When he got out of the car he was hot. Told me he was going to give me the ticket. I started to laugh and told him he would have never caught me if I hadn't stopped. He chilled out, smiled and agreed. But that speeding ticket cost a ton!

Answer 2

Problem 1: I really didn't brake any laws, my car is lowered and that is it, and that is a pricey ticket. #2 You DESERVE a ticket. Remember stating you'll take a ticket if you deserve it? When you modified your vehicle you KNEW you were doing something illegal. #3 Don't you know that everyone has probably tried that same maneuver? He might even sit there and see if you are visiting someone. When you knock on a strangers door I know that the body language will let him know that you were DEFINETELY evading.Don't you think you might get a bit better treatment if you just pulled over and dealt with him? A lot of cops might give a warning or maybe a fix or pay ticket. You should really think before you act!!!!

Answer 3

Well, CDog, I'm not sure I'm understanding your question.



The officer cited you for evading?? The original offense had something to do with your car's mechanical condition?



Part of proving Evading is establishing that you, the offender, were taking actions to avoid the officer. Normally, that means some sort of chase; however, turning off into some street, alley, or driveway in an attempt to lose the officer is also Evading. I suppose you could try telling the judge you were not aware the officer was after you when you turned off. Maybe the Judge will believe you, maybe not.



Evading is a serious traffic offense. It usually results in high speeds, dangerous maneuvers, and driving out of control. It is why the fine is steep.

Answer 4

Hello, read your question and in N.C. if the officer can articulate before a judge what your actions were upon sight of his patrol car, thus attempt to loose! then he/she can charge for evading! Let me add this just to clear something up. Officers are not going to charge this unless they had to hunt you down. Example, at the time you met a patrol car and say you were speeding. The officer already knows your speed and he/she will have patrolled that area before so they know what's expected by your reaction when they hit there break. They can articulate what your intent was by your reaction. So if you took off at a higher speed and made any sudden turns " there's the intent ". This is harder to explain in words, but I think you get the ideal.

Answer 5

First off, where are you at? Different states = different laws. Just taking a rough stab at it, probably not for evading, as you could have just as easily said you were going to visit a friend in the area you happened to be in. If, however, you refused to pull over after he got behind you with his emergency lights and sirens activated, that could be a fleeing & eluding charge.



And if you don't like the laws on the books, talk to your state legislatures. They make the laws. Or if its a city ordinance, talk to the mayors office. The cops can only enforce the laws/ordinances/statutes on the books.

Answer 6

If the cops didn't turn on their lights, then your not evading them. Once they turn them on and come after you, if you run you'll be in a bunch of trouble. Nothing illegal about ducking somewhere if you think they might be looking at your for something.

Answer 7

Unlucky day for you. I believe that policeman is a jew!!!! Don"t worry, you will have your recompense later on, and your salvation is at your being good and abiding.

And of course, the increasing misbehaviour among these officers is alarming, and they can just accuse you and bring you to the precint.

Be very careful next time!

Answer 8

I doubt you'd be charged with it, but I guarantee you pissed off that cop. Things like that assure that you will get "Full Police Service." when stopped.

Answer 9

If he didn't activate his lights and initiate a pursuit I doubt anything will come out of this.