Our client was a passenger in a vehicle pulled over for drag racing. The officer was hiding behind a wall on the side of the road with no lights on in an area known for illegal street racing conducting traffic enforcement. The officer wrote in his report that he witnessed two vehicles approaching him at an extremely high rate of speed revving their engines in a speed competition. The officer was not able to stop the first vehicle but stopped the second. The video however, showed one vehicle turn onto the road and proceed passed the officer. The video then showed a second vehicle do the same. The officer’s report did not provide an estimated speed that the vehicles were traveling. Additionally, the video showed the vehicles were traveling less than 1/8 a mile from the time they turned onto the road to the time they passed his position. We first argued that the driver of the vehicle was not involved in any sort of drag race. We then argued that even if he was, there’s no evidence or admissions from our client showing he actively participated or knew what the driver was doing or going to do. The Judge went as far as to tell the State that they’d have a better chance finding Jimmy Hoffa than a guilty verdict at trial. All charges dismissed.
DUI & Criminal Division
