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8/2/2008 - Posted by:
Stone & Associates, P.A.
Phone: 904-396-3335
Alt. Phone: 904-536-9309
Fax: 904-399-4540
Mobile: 904-536-9309
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Fleeing and Attmepting to Elude NOT GUILTY VERDICT

Our client was driving his motorcycle at over 100mph when a state trooper began his pursuit on I-95. The trooper alleged that our client looked at him and hit the gas leading to a high seed chase on J. Turner Butler Blvd. The trooper claimed that he was doing over 120mph and had to force our client to stop by vearing into him. Our client was charged with felony Fleeing. At trial Mitch Stone was able to establish that our client could not have looked back and seen the trooper since he was riding a Harley Davidson and had his feet on the highway pegs. Had he looked back he would have crashed due to body positioning on the bike. Further the trooper had to admit that his estimation of speed was exageratted. Moreover, the speed of the vehicles and distance covered during this chase made the time of the chase less than 45 seconds. Finally, the fact that it was nighttime and the trooper was in an unmarked highway patrol vehicle made it more probable that our client did not know he was being pursued by the trooper untill he pulled up next to him. All those facts in addition to the report which the trooper wrote which indicated our client pulled over safely rather than being forced over resulted in a Not Guilty verdict by the jury in less than 10 minutes of deliberation

 
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