Evading Responsibility–Charges dropped.

My client from Eastern Connecticut was charged with evading.  The case was prosecuted in Putnam, Connectiuct.  Evading is a class A misdemeanor.  I carries with it a maximum sentence of 1 year in jail and a 1 year license suspension.

On the date in question, police responded to a 911 call of an erratic driver in Northeast Connecticut. The erratic driver hit another vehicle on the road, knocked over a lamp post and damaged guard rail.

After making contact with the victim/witness, the police proceeded in the direction the evading vehicle was last seen traveling. The police located the vehicle several miles down the road, unoccupied with the hazard lights activated. There was significant damage to the vehicle.

The registered owner of the vehicle, my client, was contacted by the police. My client asked who was driving the vehicle as he was on vacation with his fiance out of state.

Upon my client’s return to CT, the police issued him a summons to appear in court for evading. My client immediately called me.

After reviewing the state’s file and submitting evidence that my client was out of state at the time of the incident the state continued to press for a conviction stating that my client could still be charged as the registered owner of the vehicle. This is, in fact, not a part of the evading statute. The evading statute requires operation of a motor vehicle and the mens rea requirement of knowingly being involved in a motor vehicle accident.

After several months of negotiation with the state, they finally agreed to drop the charges against my client.

If you or anyone you know is charged with the charge of evading responsibility contact the criminal lawyers at The Bartinik Law Firm, P.C. with offices in Groton, Shelton, and East Berlin Connecticut.  Our phone number is 888-717-4211.