Monday, February 27, 2012

Disobeying a Police Officer in NH

  Disobeying a Police Officer in NH

Getting into a high speed chase, increasing your speed in an ill-advised escape attempt and jumping from your moving car after you collide with a tree are all behaviors that are frowned upon per the motor vehicle code. Likewise, lying to the police or refusing to produce your license and registration when asked to do so will not benefit your station in life, (unless you are trying to go to jail).

The Disobeying a Police Officer statute prohibits certain conduct when you are driving or in charge of a vehicle. 


You cannot:
  •     Refuse to give your name, address, date of birth upon request by an officer;
  •     Give a false name to an officer or give any false information that would hinder the law        enforcement officer from identifying the person in charge of the vehicle;
  •     Purposely neglect to stop for an officer or elude pursuit;
  •     Refuse to produce your license or registration upon demand by the officer;



Can a Cop Pull You Over Without Probable Cause?

Clients are often charged with Disobeying a Police Officer for neglecting to stop or attempting to elude pursuit. Sometimes it's as simple as not seeing or recognizing that the officer is trying to pull you over as opposed to another motorist. Sometimes it's an all-out high speed pursuit.

By statute, a conviction under this section of the Disobeying a Police Officer statute, neglecting to stop or willfully attempting to elude pursuit, is a class A misdemeanor and carries a minimum mandatory $500 fine. (A Class "A" Misdemeanor is punishable by up to a year in jail and a $2,000 fine). Further, if you elude pursuit and cause serious bodily injury in the process you are facing a Class B Felony.

Penalties:

Disobeying a Police Officer is a serious crime. Depending upon the circumstances you may be facing a Felony or Misdemeanor and a likely jail sentence. The court (or in some cases DMV) may suspend your license. Disobeying a Police Officer is a "major" motor vehicle offense towards certification as a Habitual Offender and carries demerit points towards a license suspension.

It is advisable to hire an experienced trial attorney.

The Law Office of Shepherd & Osborne 

351 Main Street 

Nashua, NH 03060 

www.shepherdandosborne.net 

Phone: 603-595-5525

Fax: 603-595-5533

Emails:
Mark@shepherdandosborne.net
Justin@shepherdandosborne.net