Legal Question in Traffic Law in Florida

I was at an intersection, an had relized i forgotten something at the house i was at before hand. I then after the fact, put my vehicle in reverse, to go back where i had left the object i had forgotten. As i was backing up, i was un-able to see out of the back window, due to the tint and the fact that it was dark out, making it difficult to see where i was going. I then stuck my head out the drivers window to get a better view. As i was then looking backward driving in reverse, i noticed red and blue lights glowing the street. I then turned my head forward to see where the light was coming from, it had been a police cruiser in pursuit of me. But as I turned my head to see where the light was coming from, my hand must have turned the wheel as i turned my head. I then lost control of the vehicle and drove, in reverse, into a residents yard causing damage, wich later in my police report was found to be about $1'000 in damage. I then on impulse opened my door, before i was told to by the police officer, and made my hands visible first before getting out of the vehicle. The police officer had his gun drawn, and instructed me to stay where i was with my hands up. I did as i was told. The officer then handcuffed me and put me in the back of his cruiser. Never was i instructed why i was getting arrested or that I was getting arrested in the first place, never read my rights, just put in the back of the cruiser. Now for my question, i was charged with fleeing and eluding, in this case and particular predicament, was I charged correctly, or was this me being falsely accused? And does me not being read my rights take any part in the situation?


Asked on 11/11/15, 9:54 am

1 Answer from Attorneys
Craig Epifanio Craig Epifanio, P.A.

This case comes to down what your intent was. It sounds like your intent was not to evade. However, since it could be perceived that way, it is important that you talk to an attorney in your area that knows the judges and what is best for your situation. As far as your rights being read, it probably matters little in this situation, but again you should discuss with an attorney in person.

Read more
Answered on 11/12/15, 6:13 am


Related Questions & Answers

More Traffic Law questions and answers in Florida