Samuel Goldberg has been a Massachusetts criminal defense attorney for 20 years. Prior to that, he was a New York state prosecutor. He has published various articles regarding the practice of criminal law and frequently provides legal analysis on radio and television, appearing on outlets such as the Fox News Channel, Court TV, MSNBC and The BBC Network. To speak to Sam about a criminal matter call (617) 492 3000.

Suspect Driving With Suspended License Arrested After Leaving The Scene Of An Accident

It’s been awhile since the Boston Criminal Lawyer Blog reviewed a story about a high speed chase. Today we discuss a racer who recently tried his luck against law enforcement. He won the runner – up prize; namely, the need for a criminal defense attorney.

The nearly 30-minute chase began after the Defendant fled from the scene of an accident. He is also said to have been driving with a suspended license.

James P., 42 of Pembroke (hereinafter, the “Defendant”) led the police on the chase on Sunday. The chase included driving in the wrong direction on each side of Route 24, speeds up to 90 miles per hour and sparks flying from two of his tires that were worn down to the rims. It ended with the Defendant’s arrest…seven years to the day after police had arrested him after another high-speed chase.

Attorney Sam’s Take:

Yesterday, I mentioned the fact that we all have lapses in judgment made at a particular moment which, upon investigation, could be seen as a criminal act. In today’s posting, of course, it does not take much effort to see the lapse as well as the criminal justice interpretation.

The Defendant in this case has broken the cardinal rule that I am always repeating in this blog. Namely, when the police come a-calling, do not try to out-reason, out-fight or out-run them. All that does is make a bad situation much worse.

In this case, the Defendant, it would seem, originally, faced charges of driving without a license in connection with an accident which, according to reports, involved injury to a motorcycle rider. Naturally, getting behind the wheel in the first place with a suspended license was not a shining example of good judgment. However, had he stopped and stayed at the accident, he would have been facing the charge of driving with a suspended license. Yes, it is a crime, but it is better to quietly face that charge than what resulted. Not only does he have the resulting more-serious charges to deal with, but he has handed the Commonwealth a plateful of “consciousness of guilt” evidence to serve him at trial. Finally, he has also given the court good reason to hold him on heavy bail given his repeated propensity to flee.

You see, the courts do give points for consistency in such matters – negative points. His repeated decisions to flee will be seen as potential necessary default warrants.

The courts also give points when considering what might have happened, such as the potential vehicular homicides that the chase could have caused.

And so I remind you once again. Do not try to out-run, or out-drive, the police. You will not win anything but a much worse situation. If you believe you are about to be arrested, go along quietly. Do not make extra statements other than your “pedigree” information…and hire an experienced criminal defense attorney to help you as soon as possible. As always, if you are in such an unfortunate situation and wish to discuss the matter with me, please feel free to call me at 617-492-3000.

For the full article concerning today’s posting of the Boston Criminal Defense Lawyer Blog, go to http://www.boston.com/news/local/massachusetts/articles/2009/08/24/suspect_nabbed_after_high_speed_chase/

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