CASE LAW UPDATE:  If a defendant’s flees a police officer in a motor vehicle, he will be required to pay for the damage to the squad car caused in trying to stop him.

Defendant was convicted of fleeing a police officer in a motor vehicle.  He was ordered to pay restitution in the amount of $18,566.64.  Defendant appealed the restitution order arguing that the trial court erred:  (1) in ordering him to pay restitution for damage caused to police squad cars because an officer’s decision to perform pursuit intervention technique (PIT) maneuvers and (2) in failing to consider his ability to pay the restitution ordered.  The Minnesota Court of Appeals held that (1) the damages that resulted to the police squad cars and homeowner were the direct result of defendant’s decision to flee the officers, which required the officer to perform PIT maneuvers in the interest of public safety; and (2) the trial court failed to expressly state that it considered defendant’s ability to pay restitution, whereby the determination must be remanded.   Affirmed in part, reversed in part, and remanded.

State v. Haney, A21-0732, Anoka County.

Minneapolis Criminal Defense Lawyer Lynne Torgerson was not attorney of record in this case.

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