Quote:
Originally Posted by Mutt
this is what i have been thinking - all the armchair lawyers on here are making stuff up or assuming there are some laws that cover this - seems to me the only thing they might be able to charge him with is speeding and the accompanying fine and penalties that go with that.
can't just go making up new laws to fit a sensational news story about a porn guy with a Lamborghini Murci going 200mph.
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Gotta disagree on some of this. On one hand, I think he will get off without a criminal charge, but it'll cost him a little dough (which it probably has already).
But, as far as there being no charge...they could definitely hit him with at least a reckless endangerment charge which is not a violation but a crime, and has nothing to do with driving, but taking an action that places the public in danger. I would also hit him with conspiracy (a felony) since there were more than one person involved, and they planned it. Now this is based on NY law, but I'm sure AZ is not too far off.
With a crime (misdemeanor or felony), an officer doesn't have to see it happen, they can use probable cause to make an arrest. Now, most of the time it wouldn't be worth the time for the police to bother with, but in this case there's media hype so it may be worth pursuing.
One thing they do is find others that were there or had a hand in it and scare them into thinking they will be charged with assisting in the commission of a crime, getting them to "make a statement". That statement is admissible in court even if the video gets thrown out.
These are all part of an "investigation" as a whole and they have a lot of leads to pursue in order to drum up probable cause for an arrest. And, this isn't coming from an armchair lawyer, it's coming from a retired NYPD police officer and current officer in the Town Department of Public Safety ATV Task Force in Suffolk County, NY. I do investigations like this related to unlicensed use, reckless use, and speeding on public roads of ATV's. And we make arrests on less evidence than is presented here.
It isn't over til it's over. I hope for his case it goes nowhere for the officials on it, and that EVERYONE keeps their MOUTH SHUT.