» Entries tagged with "failure to stop"
Getting Away With Nothing
Local news reported yesterday about a scientist who successfully appealed his failure-to-stop ticket by explaining how it may have appeared to an officer that he didn’t stop when he actually did. The title of the article was “California scientist uses physics to dodge ticket,” and it explained that “[a] University of California San Diego scientist was able to use his math and physics knowledge to argue his way out of a $400 traffic ticket.” The emphasis is mine. Here is the scientist’s paper, which is both clear and convincing. The guy is obviously well-educated and articulate, and based on his analysis, it’s tough to disagree with his conclusion that the officer’s perception of reality did not properly reflect reality. After reading the paper and assuming the officer … Read entire article »
Filed under: News
An Irritating Non-Lesser Included Offense
I recently discussed lesser included offenses. Although Arizona’s practice of looking to the statute instead of the facts is frustrating enough in principle alone, there are some instances where I am particularly bothered by what a defendant can’t get as a lesser included offense. One instance involves felony flight. In an unpublished decision released this past September, Arizona’s Division One Court of Appeals looked at whether someone accused of felony flight could request a lesser included instruction for failure to stop. The felony flight statute applies to a driver who wilfully flees or attempts to elude a police vehicle with lights and sirens, and the failure to stop statute applies to a driver who knowingly fails or refuses to bring his or her vehicle to a stop after … Read entire article »
Filed under: Arizona Cases, Arizona Statutes
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