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Can I be convicted of fleeing and eluding 4th degree/attempt if I was not the person driving the motor vehicle.
Anonymous6 views4 answers
The officer never gave a reason for the stop, simply said they looking for someone who may have a warrant and they think it might be me. When asked why he conducted the traffic stop he was asked at least 5x why was he pulling over the vehicle and he had no reason, gave no reason and stood mute.
What does the police report say? I bet it is quite different from what you wrote. What you know you need is a criminal defense attorney. Yes, you can be convicted, if for instance the cop takes the stand ans swears under oath that you were driving the car and trying to get away. That he saw you driving, but by the time the vehicle was stopped and he got to the driver's window, you had switched seats with the passenger. But then from what you have written, there are other problems present. What was the reason for the stop? A traffic infraction perhaps? You can bet that the police report will indicate something.
Matthew Oberlin WilliamsCriminal Defense AttorneyCleveland, OH ·
I suspect the officer's version of events is quite different. You've been charged with a serious crime, you should hire an attorney. Don't count on winning just because you are right.
This is a serious charge and I would contact a criminal lawyer immediately. Just because you think you are right, and you googled the elements of the crime, does not mean you won't end up convicted and in jail. Unless you have a law degree, I would strongly discourage you from trying to interpret the law.