Today I completed a quick one day trial in Ada County on the charge of Eluding or Evading a Police Officer. After all the evidence had been submitted, Ada County Magistrate Judge Jameson acquitted our client on all charges.
In this case, the state charged our client with Eluding because he continued to drive for roughly 1.5 miles (2-3 minutes) after the officer had activated his lights in an attempt to pull our client over. Our client did not immediately pull over because he had his elderly mother in the car and was looking for a shaded spot to pull over out of the 102+ degree heat. He calmly drove the speed limit, signaled to officers his intentions, and eventually pulled into the first available business parking lot. At that point he was aggressively approached by officers at gunpoint and charged with Eluding.
The Judge found that the state had failed to prove that our client had "willfully attempted to elude law enforcement." He may not have immediately complied with law enforcements command (it's always best to just pull over) but this alone was not enough to rise to the level of Eluding or Evading. This is exactly what my client and I had been arguing all along.
All-in-all, it was a good day.
If you are charged with a crime and are considering taking the case to a trial, call us to discuss the matter - (208) 344-0128.
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