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State v. Mr. R (DMC No. 8065)

Mr. R had a high performance sports motorcycle which had an exhaust system that was louder than a normal sports bike. He was also wearing headphones with ear plugs in and listening to music as he was traveling through Chandler on the 202 San Tan freeway near Cooper Road. An off-duty Phoenix Police Officer observed Mr. R. revving his engine and traveling at a high rate of speed. He estimated he was going 50 miles per hour. As the Officer followed him off of the freeway onto side streets, he activated his lights and sirens and claimed that Mr. R did not slow down.

As they came up to a construction area and both slowed to 5 miles per hour, the Officer pulled up alongside Mr. R and punched him in his shoulder and told him to pull over. Mr. R nodded and proceeded to try and clear the construction zone when the Officer kicked his motorcycle over and rammed it to Mr. R. He then jumped on top of Mr. R. and immediately placed him under arrest for Felony Unlawful Flight from a Police Officer per Arizona Revised Statute ARS 28-622.01

At Trial we were able to show that due to Mr. R’s loud exhaust, helmet and having ear buds in and playing loud music, he could not hear the Officer behind him. He was completely unaware of the Officer until the Officer pulled up and punched him in his shoulder. The Police Officer may have assumed he was fleeing, but there was no actual awareness that he was being pulled over before he was punched and tackled. The Jury agreed, and Mr. R. was found Not Guilty of all charges.

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