Got arrested for Eluding...

BmwOwnsMe · 07-18-2007, 01:55 PM

Here goes...I got arrested a month ago for eluding a police officer. I purchased a motorcycle from a guy but was waiting for him to get the title to actually take receipt of the bike. Well the guy said the title was coming yada yada yada... I made a bill of sale and we both signed it and I paid him the money. I just didnt want to take the bike because I couldnt put it anywhere and also it didnt have a
title.They came to my school and arrested me saying that I eluded a a police officer. I had no idea what they were talking about. They said they have a video of me on a motorcycle that was wearing a helmet and looked right at the camera? They got the plate and it came back to that guy. They said the owner of the bike said he sold me the bike and he gave them the bill of sale. I dont know whats going to happen now because I have prior misdemeanors when i was 20 yrs old. I hired a great attorney and now Im out on bail...20k. It sucks this happened and now Im facing 7 years. Any attorneys here with any advice?

FrankoQ · 07-18-2007, 01:57 PM

Quote:

Originally Posted by BmwOwnsMe

Here goes...I got arrested a month ago for eluding a police officer. I purchased a motorcycle from a guy but was waiting for him to get the title to actually take receipt of the bike. Well the guy said the title was coming yada yada yada... I made a bill of sale and we both signed it and I paid him the money. I just didnt want to take the bike because I couldnt put it anywhere and also it didnt have a
title.They came to my school and arrested me saying that I eluded a a police officer. I had no idea what they were talking about. They said they have a video of me on a motorcycle that was wearing a helmet and looked right at the camera? They got the plate and it came back to that guy. They said the owner of the bike said he sold me the bike and he gave them the bill of sale. I dont know whats going to happen now because I have prior misdemeanors when i was 20 yrs old. I hired a great attorney and now Im out on bail...20k. It sucks this happened and now Im facing 7 years. Any attorneys here with any advice?

good luck and I hope you get out of this one.

JOYRIIDE1113 · 07-18-2007, 01:58 PM

Oh man...

So sorry.

UncleWede · 07-18-2007, 01:59 PM

Not an attorney, but a reciept (bill of sale) isn't enough. With no title transfer with DMV . . . That's why they went to him first. And if they happened to find teh bike on his property . . . did the bill of sale include teh helmet that matches the description?

Neurorad · 07-18-2007, 02:08 PM

If it wasn't you, and you have a good attorney, I wouldn't sweat it.

More of a huge annoyance than anything.

Josh49 · 07-18-2007, 02:13 PM

So was it you on the bike or no? I'm guessing no, just wanted to verify that..

SoYank · 07-18-2007, 02:15 PM

Quote:

Originally Posted by BmwOwnsMe

They said they have a video of me on a motorcycle that was wearing a helmet and looked right at the camera?

Were you wearing a helmet too or just the bike?

Dr_Dirt · 07-18-2007, 02:16 PM

Quote:

Originally Posted by BmwOwnsMe

I just didnt want to take the bike because I couldnt put it anywhere and also it didnt have a
title.

Good thing you didn't take the bike. Did they find the bike anywhere?

BMXtreme · 07-18-2007, 02:25 PM

Quote:

Originally Posted by SoYank

Were you wearing a helmet too or just the bike?

Waldorf · 07-18-2007, 04:31 PM

Seriously, man, I feel for you and it must be annoying but I have to admit it was a fun read.

I hope you get out of it.

The part that I don't understand is the 20K bail. That's nasty. Do you have any chance of getting that back?

FirstClass · 07-18-2007, 07:29 PM

If they don't have proof of you on the bike they can't do shit. But a better question is why the heck you paid for a bike you couldn't take with you that day

smellthebeans · 07-18-2007, 10:54 PM

Quote:

Originally Posted by BmwOwnsMe

Here goes...I got arrested a month ago for eluding a police officer. I purchased a motorcycle from a guy but was waiting for him to get the title to actually take receipt of the bike. Well the guy said the title was coming yada yada yada... I made a bill of sale and we both signed it and I paid him the money. I just didnt want to take the bike because I couldnt put it anywhere and also it didnt have a
title.They came to my school and arrested me saying that I eluded a a police officer. I had no idea what they were talking about. They said they have a video of me on a motorcycle that was wearing a helmet and looked right at the camera? They got the plate and it came back to that guy. They said the owner of the bike said he sold me the bike and he gave them the bill of sale. I dont know whats going to happen now because I have prior misdemeanors when i was 20 yrs old. I hired a great attorney and now Im out on bail...20k. It sucks this happened and now Im facing 7 years. Any attorneys here with any advice?

You need an alibi....someone who can place you else where at the time of "eluding".

Also, did you put a date on the bill of sale? Is it the actual date you took possession of the motorcycle? If so you, this along with an eye witness alibi should get the charges dropped. How can you elude & evade on a vehicle you don't even own/have possession of? If police questioned the original owner on the specific times of any test drive or date/time of possession it should back up this theory.

Police may not have done a thorough enough investigation. They may have focused on you because of your prior arrest record or if your still on probation. Being on probation can be considered a reason to run. A prior record may drastically weaken your case if you pursue a civil suit for wrongful arrest.

Sorry to be the bearer of possible bad news.....your attorney should have already quizzed you on these kinds of details.

spacedogg · 07-18-2007, 11:20 PM

I'm not sure I would be comfortable giving legal advice over a forum. LOL.

I would let your attorney handle it...hopefully he/she knows what they are doing.

e90owner1 · 07-18-2007, 11:38 PM

7 years, essentially 1/10th your life wasted in jail over something you didnt do? talk about getting the shaft

nmulax · 07-19-2007, 02:29 AM

Quote:

Originally Posted by BmwOwnsMe

Here goes...I got arrested a month ago for eluding a police officer. I purchased a motorcycle from a guy but was waiting for him to get the title to actually take receipt of the bike. Well the guy said the title was coming yada yada yada... I made a bill of sale and we both signed it and I paid him the money. I just didnt want to take the bike because I couldnt put it anywhere and also it didnt have a
title.They came to my school and arrested me saying that I eluded a a police officer. I had no idea what they were talking about. They said they have a video of me on a motorcycle that was wearing a helmet and looked right at the camera? They got the plate and it came back to that guy. They said the owner of the bike said he sold me the bike and he gave them the bill of sale. I dont know whats going to happen now because I have prior misdemeanors when i was 20 yrs old. I hired a great attorney and now Im out on bail...20k. It sucks this happened and now Im facing 7 years. Any attorneys here with any advice?

So I'm confused... have you actually taken posession of the bike? From your story, it sounds like you have not. And where's the "eluding an officer" coming from? Is the video from a traffic cam? Dude explain the situation better.
If "you" had a helmet on it the video they claim to have, how do they know it was you and not someone else? It's their responsibility to prove that it was infact you operating the vehicle.

335i4u2nv · 07-19-2007, 02:57 AM

maybe its all a lie??? im flagged

penny31 · 07-19-2007, 03:11 AM

Quote:

Originally Posted by e90owner1

7 years, essentially 1/10th your life wasted in jail over something you didnt do? talk about getting the shaft

sorry but ths comment just made me lmao!

Rick Hunter · 07-19-2007, 03:44 AM

Quote:

Originally Posted by BmwOwnsMe

...I purchased a motorcycle from a guy but was waiting for him to get the title to actually take receipt of the bike. Well the guy said the title was coming yada yada yada... I made a bill of sale and we both signed it and I paid him the money. I just didnt want to take the bike because I couldnt put it anywhere and also it didnt have a title...

Purchasing a vehicle without securing the title is extremely risky. Why would you pay someone for something that you couldn't take possession of immediately? And even if you did have everything on the up-and-up, you still wouldn't have a place to store the bike, right? Because if you did, then you would have taken the bike the day you plopped down the cash.

Sounds like you might have made an impulse purchase, and nothing good has come out of it since. I wish you luck, and I hope the wanker who sold you the bike will fess up about what really happened so that you'll be off the hook.

OC Guy · 07-19-2007, 07:14 AM

Good luck. I guess something other than your BMW owns you. Maybe it'll be Bubba Owns You or Tiny Owns You, JK!

BmwOwnsMe · 07-19-2007, 08:00 AM

Ok...I didnt have possession of the bike. I was still waiting for the title from the seller...stupid mistake. The police accused me of running from a police officer after they turned on the lights. I was at home the whole time studying for finals when this happened. My whole family will be there to testify in court. The cops came to my house and found no bike, no helmet or anything used that day to elude them. They are merely going by the seller's statement of selling me the bike, a bill of sale, and a video camera on the cop car that shows someone with a helmet evading the cops. They said that I looked right at the camera with my lid open? I dont even own a helmet yet! I just dont see how they could even distinguish a face in a helmet even with the lid opened. I may have to start selling some personal belongings now to afford all this nonsense. I knew to keep my mouth shut and requested my lawyer during the interrogation. We just have to wait and see, I guess. Thanks for all your advice and input guys...

561design · 07-19-2007, 08:49 AM

You should try the OJ Simpson approach. Try to put on the alleged helmet. An if the helmet don't fit then they must acquit!

ctgazer · 07-19-2007, 08:59 AM

Quote:

Originally Posted by 561design

You should try the OJ Simpson approach. Try to put on the alleged helmet. An if the helmet don't fit then they must acquit!

haha...seriously, an allibi should suffice. place yourself at another place during the incident and you're off like a prom dress

GL

07-18-2007, 01:55 PM	#1
BmwOwnsMe Second Lieutenant 19 Rep 259 Posts Drives: 2006 325 xi Join Date: May 2006 Location: Bergenfield, NJ iTrader: (0)	Got arrested for Eluding... Here goes...I got arrested a month ago for eluding a police officer. I purchased a motorcycle from a guy but was waiting for him to get the title to actually take receipt of the bike. Well the guy said the title was coming yada yada yada... I made a bill of sale and we both signed it and I paid him the money. I just didnt want to take the bike because I couldnt put it anywhere and also it didnt have a title.They came to my school and arrested me saying that I eluded a a police officer. I had no idea what they were talking about. They said they have a video of me on a motorcycle that was wearing a helmet and looked right at the camera? They got the plate and it came back to that guy. They said the owner of the bike said he sold me the bike and he gave them the bill of sale. I dont know whats going to happen now because I have prior misdemeanors when i was 20 yrs old. I hired a great attorney and now Im out on bail...20k. It sucks this happened and now Im facing 7 years. Any attorneys here with any advice?
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07-18-2007, 01:58 PM	#3
JOYRIIDE1113 Pirate 123 Rep 1,395 Posts Drives: Detailing Shark Join Date: Nov 2005 Location: Miami-Kendall iTrader: (1)	Oh man... So sorry.
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07-18-2007, 01:59 PM	#4
UncleWede Long Time Admirer, First Time Owner 18650 Rep 9,438 Posts Drives: G01 X3 M40i Dark Graphite Join Date: Jun 2005 Location: Oxnard, CA iTrader: (0)	Not an attorney, but a reciept (bill of sale) isn't enough. With no title transfer with DMV . . . That's why they went to him first. And if they happened to find teh bike on his property . . . did the bill of sale include teh helmet that matches the description?
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07-18-2007, 02:08 PM	#5
Neurorad Major 89 Rep 1,224 Posts Drives: 2017 340xi Join Date: Feb 2006 Location: Location, Location iTrader: (0)	If it wasn't you, and you have a good attorney, I wouldn't sweat it. More of a huge annoyance than anything.
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07-18-2007, 02:13 PM	#6
Josh49 Major General 262 Rep 6,664 Posts Drives: E90 325xi Join Date: Jan 2006 Location: Boston, MA iTrader: (33)	So was it you on the bike or no? I'm guessing no, just wanted to verify that.. __________________ E90 325XI, MYSTIC BLUE ON BLACK/ALUM, STEP, NAV, PDC, CWP, XENON, SIRIUS, ALARM, MUD GUARDS, CLEARBRA, CHROME GRILLS AND TIPS, VALENTINE 1 (HARDWIRED), HO CERAMIC 40%, 161'S, REAR FOG MOD, LUX 4.0, BLACKLINES, OEM PEDALS, MTEC FOGS, GRUPPE-M REP INTAKE. 156'S AND RUBBER MATS FOR THE WINTER.
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07-18-2007, 04:31 PM	#10
Waldorf Black Opps field agent 38 Rep 449 Posts Drives: 135i M Join Date: Oct 2006 Location: YUL iTrader: (1) Garage List 2006 Z4 M Coupe [7.75] 2007 Ducati Monster ... [0.00]	Seriously, man, I feel for you and it must be annoying but I have to admit it was a fun read. I hope you get out of it. The part that I don't understand is the 20K bail. That's nasty. Do you have any chance of getting that back? __________________ ------------------- :rocks: Montreal to Vermont OktoberFast cruise. :rocks: http://www.e90post.com/forums/showthread.php?t=79557
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07-18-2007, 11:20 PM	#13
spacedogg Colonel 205 Rep 2,816 Posts Drives: Debadged Join Date: Aug 2006 Location: Vancouver, BC iTrader: (0)	I'm not sure I would be comfortable giving legal advice over a forum. LOL. I would let your attorney handle it...hopefully he/she knows what they are doing.
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07-18-2007, 11:38 PM	#14
e90owner1 Private First Class 28 Rep 175 Posts Drives: 335i Join Date: Aug 2006 Location: candyland iTrader: (2)	7 years, essentially 1/10th your life wasted in jail over something you didnt do? talk about getting the shaft
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07-19-2007, 02:57 AM	#16
335i4u2nv Colonel 71 Rep 2,765 Posts Drives: 335i e9O sL0w Join Date: Apr 2007 Location: im right behind u iTrader: (0)	maybe its all a lie??? im flagged
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07-19-2007, 07:14 AM	#19
OC Guy General 559 Rep 18,123 Posts Drives: AW 335D E90 Join Date: Oct 2006 Location: Irvine/Aliso Viejo, CA iTrader: (9) Garage List 2007 335i [0.00]	Good luck. I guess something other than your BMW owns you. Maybe it'll be Bubba Owns You or Tiny Owns You, JK! __________________ Current: 2010 Alpine White 335D LCI l 19" BBS LMs l KW V2 Coilovers l BMW Performance Grilles l MSport Front/Rear l Karbonwerke Trunk l F1 Pinnacle Tint 35% Former: E92 Space Grey 335i Latest pics
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07-19-2007, 08:00 AM	#20
BmwOwnsMe Second Lieutenant 19 Rep 259 Posts Drives: 2006 325 xi Join Date: May 2006 Location: Bergenfield, NJ iTrader: (0)	Ok...I didnt have possession of the bike. I was still waiting for the title from the seller...stupid mistake. The police accused me of running from a police officer after they turned on the lights. I was at home the whole time studying for finals when this happened. My whole family will be there to testify in court. The cops came to my house and found no bike, no helmet or anything used that day to elude them. They are merely going by the seller's statement of selling me the bike, a bill of sale, and a video camera on the cop car that shows someone with a helmet evading the cops. They said that I looked right at the camera with my lid open? I dont even own a helmet yet! I just dont see how they could even distinguish a face in a helmet even with the lid opened. I may have to start selling some personal belongings now to afford all this nonsense. I knew to keep my mouth shut and requested my lawyer during the interrogation. We just have to wait and see, I guess. Thanks for all your advice and input guys...
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07-19-2007, 08:49 AM	#21
561design z4um Hooligan 155 Rep 586 Posts Drives: 3.0Si Join Date: Apr 2007 Location: Woodstock,Ga iTrader: (1)	You should try the OJ Simpson approach. Try to put on the alleged helmet. An if the helmet don't fit then they must acquit! __________________ Charles flickr
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