If you stop when pulled over for traffic violation, then drive away , but return back to the scene is that evading an officer?

Asked over 1 year ago - Las Vegas, NV

After being detained for over 30 minutes without receiving a citation , my boyfriend was approached by an undercover drug officer who asked to search his car, he said no and then drove off with his 4 year old in the backseat, but after being chased down the street he pulled back to the scene no drugs were found . Im trying to find out if he can plead to a lesser charge like failure to stop on an officer signal or another misdemeanor charge ? Or could it be dismissed because the officer wanted to search without a warrant

Attorney answers (3)

  1. Ryan Alexander

    Pro

    Contributor Level 12

    2

    Lawyers agree

    Answered . This is not quite enough to determine whether it was evasion but it sounds like he has defenses to any charge, especially if they found nothing. The prosecutor will often offer a lesser included charge. You should call an attorney if you want to try and negotiate this case.

  2. Maysoun Akram Fletcher

    Pro

    Contributor Level 9

    1

    Lawyer agrees

    Answered . I'm not clear on what the charges are or if he's been charged at all. He can not simply drive away but he did have a right to refuse to have his vehicle searched. Usually, the State or City will make some settlement offer, but again, I don't know what his charges are from your question. Please feel free to contact us for free consultation on this.

  3. Howard Robert Roitman

    Pro

    Contributor Level 16

    Answered . If you're charged with failing or refusing to stop your car on a signal of a peace officer in Nevada,Nevada Evading Police Laws (NRS 484B.550), there is still hope that you may not be convicted for it. The following are three common defenses your attorney may use to try to persuade the prosecutor to dismiss the charges or else reduce them to something lesser:


    Wrong signal. The official signal that police must use to order a driver to pull over in Las Vegas is a flashing red light and a siren. Therefore if the police used the wrong signal or if their signal was broken, then a driver can't be found guilty for failing to obey a traffic stop.


    Lack of intent. Evading is an intent crime in Nevada, which means that you can't be convicted for it unless you willfully and deliberately ignored the police's signal to stop your car. If the prosecution can't prove that you acted with such intent, the evading charges should be dropped.


    Unsafe to pull over. If you're aware that the police are signaling for you to stop but you know it'd be unsafe to do so, the prosecutors should be more willing to dismiss the charges. Evidence such as video recordings and eyewitnesses might be brought in to show that it would've been dangerous to stop and that you behaved lawfully under the circumstances.

    Penalties
    The punishments a Clark County judge will impose for a conviction of evading a police car's signal to stop depends on the following factors:


    whether the driver acted in a dangerous way,


    whether any property was damaged or someone was mildly injured,


    whether anyone sustained serious bodily harm or was killed, and


    whether the person was driving under the influence

    The materials available at this web site are for informational purposes only and not for the purpose of providing... more

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