it was the morning after a hard night...i was fine but the alcohol was still on my breath...what should i do?
2006-10-22 10:19:39 · 13 answers · asked by Mike 2 in Politics & Government ➔ Law Enforcement & Police
I assume that an OWI is similar to drunk driving? If so, once you are arrested, the police officer can search your car, your bag and anything else in your immediate personal presence without your permission and without a warrant. It is called a search incident to arrest. and is legal based on case law.
2006-10-23 11:18:58 · answer #1 · answered by James P 4 · 0⤊ 0⤋
If police are called to a scene they have a top to seek for weapons interior the area that they are in in the event that they sense threatened. With the innovations you gave, the law enforcement officials might have no reason to take the bag everywhere. If the combat exchange into everywhere around the bag they might verify it for weapons, yet I doubt it except you ignored some data.
2016-10-15 07:52:48 · answer #2 · answered by ? 4 · 0⤊ 0⤋
You should wash the owi and cover it with a bandaid.
Seriously, if you mean a dwi, the cops can search your bag and car incidental to your arrest for dwi, and if you flunked the BAT, you're toast, unless.....
you hire a lawyer.
2006-10-22 10:25:57 · answer #3 · answered by open4one 7 · 0⤊ 0⤋
A dwi is not related to the search of the car or your bag,
And that would require alot more info to tell us what was done , how they were looking and more.
The DWI would be done by your actions, field sorbrity test and breath test back at the station house.
2006-10-22 12:21:32 · answer #4 · answered by Anonymous · 0⤊ 0⤋
It is unlikely you will be able to use that to defend yourself as you are obviously guilty and obviously completely not remorseful and at the highest risk to be a repeat offender. If you try that horseshit, I can almost guarentee that you will get the maximum possible sentence. In many municipalities that means going to jail. And in any urban environment, that means you will be sexually assaulted and beaten for the fun of it.
Do yourself a favor. Get a lawyer who knows what he is doing and cop a reasonable plea. Keep your God damn mouth shut and do what he tells you. Accept your punishment and stop drinking before something REALLY bad happens to you.
2006-10-22 10:32:02 · answer #5 · answered by Anonymous · 0⤊ 0⤋
Plead it out. The officer has the right to search incident to a lawful arrest.
2006-10-23 02:33:21 · answer #6 · answered by frank f 2 · 0⤊ 0⤋
Get a public defender asap. Although laws have changed and rights have been erased, unless the cop has reasonable suspicion or probable cause you were breaking the law, I don't believe he had the right to search.
2006-10-22 10:24:25 · answer #7 · answered by beez 7 · 0⤊ 0⤋
The cop cannot search you, or your car without your permission. Just tell him that. Also the cop can be in trouble. You'll probably have to go to court though.
2006-10-22 10:27:04 · answer #8 · answered by Asuu 2 · 0⤊ 0⤋
Plead guilty. You gave them probable cause when they stopped you and you still had alchohol on your breath. Im guessing you were probably more lit than you admit, good thing you didnt plow into a mini van filled with kids.
2006-10-22 15:28:54 · answer #9 · answered by eric s 2 · 0⤊ 0⤋
If the cop arrested you he can search you, your possessions, and your car. Bascially anything or anywhere you could have reached while operating the car he can search. If he towed your car, then everything is fair game.
2006-10-22 10:31:36 · answer #10 · answered by Judge Dredd 5 · 0⤊ 0⤋