Legal Question in Traffic Law in Texas

Evading with motor vehicle
My son was recently arrested for evading a police officer. My son was speeding and saw an office up ahead. He slowed down and turned off onto a side street and then into an alley where he parked his car. At the time he turned off onto the side street, he had no indication from the police that he was being pulled over. The officer had not turned on lights, siren or made any signal as he was still aways up the road from where my son turned.

The office came and found my son and then arrested him for evading. He used that as a basis to search his car where he found 2 fireworks. The officer subsequently ticketed my son for the 2 fireworks and speeding, but did not cite him for evading.

Was this a true case of evading if my son had no real knowledge that the officer was trying to stop him? Should the search be deemed as illegal and the fireworks charge thrown out?

Asked on 4/10/06, 3:30 pm

TC Langford Langford Law Office

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Re: Evading with motor vehicle

First, assume that the police may tell a different story.

Assuming however, that this version of events is an accurate one, there is caselaw to support the proposition that this is a bad arrest.

The claim of 'evading arrest' is vague and frequently abused by law enforcement.

There is interesting argument on the Texas ACLU website on this specific issue.

Consider the financial implications of fighting the charge, and if it is worth the investment, it may well go your way.

TCL

Answered on 4/11/06, 12:08 am

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