MODESTO, CA – The defense filed a motion to dismiss a charge of reckless driving in Stanislaus County Superior Court last week, claiming the responding officer did not use his sirens in the correct time frame to constitute a pursuit.
The Stanislaus County deputy testified the accused was driving on the wrong side of the road.
During Friday’s hearing the witness testified they did not turn on the lights or sirens until the accused reportedly turned to drive in his direction, on the wrong side of the road.
The deputy also admitted under questioning by the defense there were no other witnesses to the alleged wrong way driving incident, including from other officers, and no photographic evidence.
In response to this, the prosecution confirmed the deputy did in fact turn on the sirens when the vehicle the accused was in turned towards him.
“For evading, there has to be a pursuit,” was how the defense phrased their argument. The prosecution responded by clarifying the accused’s vehicle went out of sight from the officer.
Supervising Judge Westbrook pushed the next hearing to Nov. 15 to be given time to review the testimony reports again.
