I just called a lawyer who is looking into the matter..... TO BE CONTINUED

Owch dragking im hoping things work out for you mate

yeah... Hopefully. your story is humbling though so that's good motivation my spirit remain unbroken!!!

Hope the criminal code part goes away, and you just have to deal with the vehicle code part.

Thanks Privateer! That's what we re aiming for. I don't think the flee to avoid gna stick but can't tell for sure. We'll find out in a cple of wks.

Actually depends on the cop(s) who made the stop/arrest.

Back in ancient history, my PTSD and other related factors led me to a full hallucination and running gun battle with live ammo in the streets of Cupertino CA at 0200ish. Its foggy, but I remember by the time I got to the drug trailor outside the detention center (the non-Vet officers weren't buying a PTSD psychotic break, it just HAD to be drugs) the bad cops were talking a) use of gun in the commission of a felony, b) negligent endangerment, c) assaulting police officers, and a few more for good measure.

Don't know what you know about California (Zeig Heil!) but that was enough to trigger "3 strikes and your out" and mandatory life without parole. Gulp.

But the Sheriff who had jurisdiction and in who's car I was transported in, was a Vietnam Vet too, and he asked me some questions, and commented about how I had saved my life by putting the auto shotgun down when the squad cars squeeled to a stop.

And he made it all go away. I don't know how he did it. I know 3 cops who were pissed as hell and came to my house twice in the next three months searching for guns. LOL they had already impounded all my guns, they were just pissed and hoping for another arrest to force the issue.

Like I said, it depends on the cops who make the initial stop/arrest.

I got all my guns back after 6 months, though it took a gunsmith to get the evidence locker stickers off the stocks and grips. Immediately moved them out of county to a good friend's ranch.

I hope you get the same result, at least an officer who doesn't want to risk having to spend time testifying at a trial.

* Last updated by: privateer on 8/4/2011 @ 5:13 AM *

Wild times Priv! I'm glad u were able to see the end of that tunnel. I've got an appt with the lawyer tomorrow and then I find out the outcome on the 19th. I hope I keep my liscence. Thanks for the support guys.

ok! They were threatening to take the flee to avoid to criminal court but it was a bluff. They wanted me to get their deal which was to plead guilty to Flee to Avoid. Which is stupid. Not only I'm innocent: I just didn't see the officer behind me but also a flee to avoid implies a previous crime so no thank you!

I'm going to my court hearing on the 21 of November. My lawyer wants $2500 for that so I dropped him. If I take a public defendant the judge might get pissed and give me a stiff sentence. So I'm going to do my homework and go solo. Any advice? Also will I be able to work a deal with the prosecutor or judge between my hearing and trial?

IDK....at least yer not in jail...and certainly you don't want to plead to a sentence that involves any jail time.It's basically a misdemeanor....yes?Reckless at best.Fleeing to avoid...nah.Sometimes....I hate to say...the license thing gets suspended or whatever.That's not the end of the world for ya though.Keep yer chin up...that's MY advice.And admit to yourself if no one else what you did wrong(only YOU really know that).That goes a long way in the ...well...nevermind.It'll work out okay....

* Last updated by: blue07 on 10/15/2011 @ 7:21 PM *

yeah they are both misd. I'd plead guilty to the willful Reckless if they drop the flee to avoid. The cop probably had just a hard time catching up and I was already doing the speed limit when he stopped me. The trouble is, I'm starting my new job in a week and can't take black friday off so hopefully I'll be done on the 24th and back in Austin. I'll keep you guys posted.

You know...it's really not like ya went and blew somebody's head off.Misdemeanors....ya....it'll work out.You'll see.

I hope so thanks green2012

"Green2012"...hmmmm....maybe something like that I mean....ya..the speeding deal...ya,okay.Guilty.But 'fleeing to avoid'....nah...they can't prove that.They've NO idea that can be proved as to WHY you"apparently kept going"....you say..you didn't see em.Valid...Very possible.They really can't prove factually that you did or did not see em.That charge aint gonna hold.Now..if they had ya on camera looking back as yer rollin away...then they can.But....that never happened,right?I mean...LOTS a people don't look in their mirrors.LOTS.Cops follow em for like a mile or whatever....then they FINALLY notice the lights in their rear views or whatever.Happens all the time.It does here anyway.It'll be fine(no pun intended)...your new job is secure IMO.AND your license.Afterall..you ARE contributing to the economy by driving,yes?Helping to pay for those road upgrades and such.There IS a bright side to this my man!I certainly wouldn't go payin a lawyer some outrageous fee for something you can work out with the court on your own.I think this qualifies for that....??????Public Defender at most.NOBODY wants you to be locked up or whatever...costs money to keep ya in there.They don't want that for a simple speeding(reckless-whatever).They'd rather you be out..DRIVING....buying gas...working...than strippin ya of your ability to work and such.Paying the fine is well...."okay"IMO.Gotta pay if ya play ya know.

What I've been seein is a kinda new trend with the Police.They 'seem' to be becoming a lot less willing to give chase to bikes that are going...well...a lot faster than they should be(me included).They say...'the whole safety thing '...you know,the public deal(creating a crash scenario by chasing someone).But I'm not so sure that's the real reason.Could be I suppose depending on what's goin on.And I don't really buy the idea that "they know you can outrun em" thing.They have radios...which they use.So that excuse doesn't hold water IMO.Besides...at least here...the percentage of guys really rollin hard is VERY SMALL.VERY.In fact...almost every ride I go on....no other bikers are speeding around.You can tell that by the speeds you pass em at(oncoming or whatever).I've NEVER rolled up on a biker that was actually speeding.Truth.They all are ridin around 65,70.

Course,IF a guy was going at my pace(ahem)....I'd not likely catch up to him anyway....so...if they're out there...IDK

Don't get me wrong...I aint boasting about fast riding.It's wrong,and dangerous(potentially).And in all fairness to me,I've definitely reigned myself in when it comes to just blasting out there.I'm not riding like I did in my first 2,3 years of having my zx.But those first couple o'years...ya...ticket city.And big risk...Yup....

* Last updated by: blue07 on 10/16/2011 @ 3:07 PM *

yeah they don't chase or use sirens, they just follow hoping you are going to stop and radio your location/direction. I wish they put their sirens I would have heard it but you live you learn. Hopefully they won't be assholes and drop the flee to avoid. The insurance is going to skyrocket though! Ouch!

* Last updated by: dragking on 10/16/2011 @ 3:17 PM *

This is still haunting ya, DK? Bummer!

Two pieces of advice:

1) Don't air this kind of dirty laundry online... It can only hurt your case.

2) Pay your lawyer what he's asking, or hire another. DO NOT use a public pretender or try to defend yourself. These are some pretty serious charges and if found guilty there WILL be long lasting reprocussions.

I found a VERY good attorney by searching the local forum for riders... Pick one with a proven winning record in similar cases.

Even if it means eating rice and beans for a year, LAWYER UP!

IDK....depending on what they actually 'offer' you...and what the penalty might be....I don't know IF they would let you have some sort of 'discovery' deal...you know...see exactly what the popo had to say concerning the 'fleeing' part.They could easily bluff ya as they tried already.Scare ya into admitting something that you both know isn't provable or factual.So....see how it goes I guess...come the 24th...you'll have a better idea.Keep your chin up Drag.

Here's one way to look at it.Okay,yer already speeding.Copper radars ya or whatever.Your cruising along...fast,but cruisin.He comes up behind ya...back a ways,lights flashin.You don't pull over.You don't SPEED UP.What's THAT prove?One of two things,or both.1)you don't see him for whatever reason2)you're not running because you are travelling the same speed on the fastest and most powerful production motorcycle on the planet...EASILY capable of outrunning and disappearing rapidly from the Trooper's view(which you use in your defense if necessary).Okay....possible 3 here...you're colorblind...don't see REDS<BLUES OR GREENS.Yup....they say...well,smartazz,how you know then when the lights change?You calmly say...by the position of the slightly more prominent circle either on top or on the bottom of the traffic signal device.

Then you say..."at the distance he said he was following me,no,I could not discern any prominant lighting devices flashing.UNTIL...he got close enough for me to actually notice that.That's when I pulled over".Done...You win...case closed...pay yer fine for speeding.Go home,slow down!Have a nice day.(don't forget to thank the Judge for leniency).There,all that worrying for nothing.

Well shoot...I didn't read yer FINE PRINT there....ahem...."I was ALREADY doing the speed limit when he caught up to me".....sheesh my man...yer free....that'll kill any hope they had about "runnin from the Police".Bing Bing Bing Bing...we have a winner here....

BTW...use yer 2500 for your NEW bike!!!!!

* Last updated by: blue07 on 10/16/2011 @ 7:42 PM *

Even if it means eating rice and beans for a year, LAWYER UP!

Obviously for the reason you named above I can't go into details, but will when the case is closed. The lawyer I had came highly recommended but I opted out because he was hard to reach, and seemed to have lots of cases on his plate. I was even given the wrong hearing date!!! You've got to watch out for this guys because some of them are into wholesale... they have so many cases that they often give you up so they can have deals for other higher profile cases. It comes down to the money. More money=better lawyer. My main question here, was whether you guys think it'll be possible to have my hearing on the 21 and my trial before the 25 of the same month but since it'll depend of the amount of cases the court is dealing with at the time, etc.., it was kinda a stupid ?

There is this other lawyer I'm going to talk to but not sure if I will be able to hire him. If I have to use a public defendant it'd be just so I have access to info easily. Usually public defendant don't like to go to trial at least not for low profile cases so they tend to try to make deals, usually at the defendant detriment. I don't wanna be wasting tax payer $$ it could come back to haunt me, especially if found guilty. I doubt that there is any good affordable lawyers for a case like mine but will check forums and ask around.

I don't know IF they would let you have some sort of 'discovery' deal...you know...see exactly what the popo had to say concerning the 'fleeing' part

" Even if it means eating rice and beans for a year, LAWYER UP!".... Long as it's YOU Drag eating the rice and beans! NICE.(Dogo..you KNOW I'm only teasing I hope).

not sure what the latest is dragking, hope its all heading in the right direction.

maybe go on some Internet forum where you can chat with lawyers for free and get some tips.

we have them hear

Good luck

Yeah that and heading to the library tomorrow morning so I can read up. They've got to be some precedents! lool

I'll give you a little discovery in case you don't have it yet.

This is on video. The patrol car almost assuredly turned its video camera on.

This could help you, or hurt you, depending on whats on video.

They don't have to show it to you in advance unless you get an attorney who knows how to file to get a look at it.

You don't have time to learn enough law ("precedents") to materially affect the case. Don't waste your time.

I'm hoping the vid was on! Still working on finding a good lawyer!!!
I'm going to the library just so I know my options, on small cases like that lawyers tend to wanna make an easy paycheck so they'll advise you settle for something not in your favor. The lawyer I had did anyways!

* Last updated by: dragking on 10/25/2011 @ 2:04 PM *

I think you could pretty much bet..that cam was running.If not...WHY NOT?'Fabricated' charge maybe?That's useful right there Drag.IF they ask him.."why weren't you taping this supposed fleeing/chase?"What's he gonna say?Pretty sure policy is there that insists that every high speed chase be recorded just in case there's a wreck(possibly caused by the chase vehicle).How many 'chases' do officers 'fail' to record on video....just for deals like this?You've got em...either way...you're gonna beat this fleeing to avoid thing.One of your BEST aces right now is that he clocked you at the posted limit when he 'finally' was able to 'catch up'.So he radared(or whatever) you speeding...that's NOT 'fleeing to avoid'.That's speeding.The time frame for him clocking you speeding,and the time it took to "catch up" with you...now at the speed limit....doesn't add up to running.It adds up to 'not realizing you were being stopped'.It happens.All the time.Chin up!

* Last updated by: Grn14 on 10/25/2011 @ 2:55 PM *