Home » News » Crime
February 06. 2013 11:37PM
Prosecutors used this photo and the specs of a Tank Urban Sporty Scooter to support their argument that Rafael Tejada was driving a motorcycle when he fled from police on July 30. Police stopped him because he was not wearing protective eye wear. A defense lawyer claims the police stop violated Tejada's constitutional rights because he was riding a moped, not a motorcycle. (COURTESY)
Rafael Tejada
BRENTWOOD - A Massachusetts man accused of driving into oncoming traffic near Route 28 in Salem and setting off a police pursuit is urging a judge to throw out his case, claiming he violated no motor vehicle laws because he was on a moped - not a motorcycle.
Rafael Tejada, 27, of Lawrence, Mass. is facing two felony reckless conduct charges and eight misdemeanors for allegedly fleeing from a police officer who attempted to pull him over for not wearing protective eyewear.
The reason for the July 30 stop was not legally justified, according to Tejada's public defender, Devens Hamlen, who is arguing all evidence in the case should be thrown out of court.
"A moped is not a motorcycle," Hamlen said in court papers. "There is nothing in the driving code requiring that moped drivers wear eye glasses, safety goggles or that the moped have some sort of protective screen."
Prosecutors submitted an online advertisement of the motorized bike to a Rockingham County Superior Court judge to support their argument that Tejada was, in fact, driving a motorcycle, giving Salem police a right to pull him over.
"The motorcycle (Tejada) was operating has an internal combustion engine with a piston displacement exceeding 50 cc's," Assistant County Attorney Jerome Blanchard said in a court motion.
If a judge agrees with Tejada, it would not only throw out nearly all evidence in the case, but essentially bar prosecutors from pursuing charges against him related to the pursuit, according to the defense.
Blanchard argues that a 2008 state Supreme Court case would still allow the state to pursue charges against Tejada for his actions during the police pursuit.
Tejada was headed eastbound on Cluff Crossing Road at 11:36 a.m. when he was first spotted by Officer Brian Routhier.
When the officer activated his cruiser lights and siren, Tejada allegedly sped off and crossed over a double yellow line into oncoming traffic, according to police. He entered the Shaw's Plaza through the exit lane, police said.
Police officers dispatched to the scene caught up to Tejada's moped in the parking lot and ordered him to stop. He allegedly jumped a curb to get out of the parking lot and drove on a nearby railroad bed.
Police lost sight of Tejada but a short time later other cruisers in the area spotted him southbound on Route 28. Officers followed him onto Cluff Crossing Road and into the Brook Village West Apartments, where police say he went off the paved parking lot and darted in front of a cruiser.
One officer had to slam on his brakes to avoid hitting Tejada. A second cruiser following the officer rear-ended the lead police car, prosecutors said.
Tejada then drove into some brush and crashed at low speed before being apprehended, police said.
A judge is set to hear legal arguments in the case on Feb. 22.
jkimble@newstote.com
He says moped, police say motorcycle
Prosecutors used this photo and the specs of a Tank Urban Sporty Scooter to support their argument that Rafael Tejada was driving a motorcycle when he fled from police on July 30. Police stopped him because he was not wearing protective eye wear. A defense lawyer claims the police stop violated Tejada's constitutional rights because he was riding a moped, not a motorcycle. (COURTESY)
Rafael Tejada
Rafael Tejada, 27, of Lawrence, Mass. is facing two felony reckless conduct charges and eight misdemeanors for allegedly fleeing from a police officer who attempted to pull him over for not wearing protective eyewear.
The reason for the July 30 stop was not legally justified, according to Tejada's public defender, Devens Hamlen, who is arguing all evidence in the case should be thrown out of court.
"A moped is not a motorcycle," Hamlen said in court papers. "There is nothing in the driving code requiring that moped drivers wear eye glasses, safety goggles or that the moped have some sort of protective screen."
Prosecutors submitted an online advertisement of the motorized bike to a Rockingham County Superior Court judge to support their argument that Tejada was, in fact, driving a motorcycle, giving Salem police a right to pull him over.
"The motorcycle (Tejada) was operating has an internal combustion engine with a piston displacement exceeding 50 cc's," Assistant County Attorney Jerome Blanchard said in a court motion.
If a judge agrees with Tejada, it would not only throw out nearly all evidence in the case, but essentially bar prosecutors from pursuing charges against him related to the pursuit, according to the defense.
Blanchard argues that a 2008 state Supreme Court case would still allow the state to pursue charges against Tejada for his actions during the police pursuit.
Tejada was headed eastbound on Cluff Crossing Road at 11:36 a.m. when he was first spotted by Officer Brian Routhier.
When the officer activated his cruiser lights and siren, Tejada allegedly sped off and crossed over a double yellow line into oncoming traffic, according to police. He entered the Shaw's Plaza through the exit lane, police said.
Police officers dispatched to the scene caught up to Tejada's moped in the parking lot and ordered him to stop. He allegedly jumped a curb to get out of the parking lot and drove on a nearby railroad bed.
Police lost sight of Tejada but a short time later other cruisers in the area spotted him southbound on Route 28. Officers followed him onto Cluff Crossing Road and into the Brook Village West Apartments, where police say he went off the paved parking lot and darted in front of a cruiser.
One officer had to slam on his brakes to avoid hitting Tejada. A second cruiser following the officer rear-ended the lead police car, prosecutors said.
Tejada then drove into some brush and crashed at low speed before being apprehended, police said.
A judge is set to hear legal arguments in the case on Feb. 22.
jkimble@newstote.com
- Russian national indicted over phony debit, credit cards - 0
- Nashua couple's deaths called suspicious - 24
- Hampton man indicted for distributing child porn - 0
- Mother of drowned baby gets prison time - 6
- Former Londonderry coach indicted in sex assault of two girls - 1
- Manchester resident interrupts burglary - 0
- Auburn woman struck in head with bottle of cologne - 1
- Manchester cabbie assaulted, robbed - 0
- Somersworth man said toddler fussed so he tied him in a blanket - 29
Mass. police officer indicted in Salem sex assault
READER COMMENTS: 1- House, Senate at standoff over vaccines, voter registration bill - 0
- Rochester parents called to court to answer for truant children - 0
- Exeter High teachers' resignations announced at meeting - 0
- Rochester woman under arrest in underage party - 0
- LeBron, Heat edge Spurs in OT, force Game 7 - 0
- Santos drives in three as Curve beat Fisher Cats in 10 - 0
- Large billboards grabbing attention on Route 101 in Epping - 2
- Pearl Street lot proposal involves student housing in Manchester - 3
- Manchester VFW posts fights to survive without poker cash - 2
UPDATE: Police say man found dead outside Wall Street Towers jumped
READER COMMENTS: 3| Follow us: | ||
 |
 |
 |
- Should applicants for jobless benefits have to pass a drug test?
- Yes
- 78%
- No
- 22%
- Total Votes: 1424