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Tampa Criminal Defendant Avoids Conviction of Refusal to Obey

Posted by: William Hanlon
August 22, 2006

Case #004-171-ELQ; Judge Joelle Ober; Date: August 15, 2006

FACTS: The defendant was charged with Failure to Obey the Command of a Law Enforcement Officer. He was leaving the St. Pete Times Forum when he was stopped by a law enforcement officer in traffic. The law enforcement officer claimed he commanded him to stop his vehicle, and he refused to do so.

DEFENSE: There was evidence that the defendant was unaware of the law enforcement officer's command. The officer failed to verbally identify himself as a law enforcement officer, and even though the officer was in uniform, the defendant did not hear the officer's commands until he was at the defedant's car window. Ultimately, the officer admitted that the circumstances may have prevented the defendant from identifying him as an officer at the time he commanded him to stop.

RESULT: The State dismissed the charges.

        


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