Last weekend some friends and I were driving home.. the driver parked the car and we were all walking inside... as the driver was unlocking the door a police officer rolled up and said "Hey, you going into the apartment, come here I need to talk to you"... so my friend went and talked to him, initially he said my friend had been speeding, he asked if he was the owner of the car and he said yes. At this time no one could hear what was going on and my friend began doing sobriety tests (we had been drinking). Anyway, he ended up arresting my friend and taking him to jail. My friend refused a breathalyzer then and later in jail. So my question is do any of you have any experience with this, similar situations or know CAN a cop arrest you for a DUI if he didn't see you driving. Technically, the cop pulled up afterwards and seven of us got out of the car so there is no way he really knows who was driving. Thanks! Any input would be helpful!
2007-03-07 14:01:15 · 14 answers · asked by Anonymous in Politics & Government ➔ Law Enforcement & Police
Okay.. he never admitted he was driving.... the cop made the assumption. I guess the better question would be - Is there a chance of this DUI being dismissed?
This is also in the State of Virginia.
2007-03-07 14:10:26 · update #1
I have a feeling the officer DID see him driving (said he was speeding) and probably saw him behind the wheel. He may even have seen him getting out of the driver's position at the house. I suppose you could all go to court and lie to a judge about the whole thing and say that someone else was driving. You always take a chance with being charged for it though.
The second mistake your friend made (first was driving at all. Why didn't you split a cab?) was refusing a breath test. A lawyer will always tell you to blow. The results of the machine can at least be brought into question when you do, and there is always a chance you will blow under .08.
The police need to place your friend behind the wheel of that car. In all likelihood he would not have been charged if the officer wouldn't have seen him there. Could be that your friend told the officer he was the driver, thinking there was nothing that could be done to him because he had made it home.
EDIT: I don't think the officer made the assumption about the driver, you say he specifically called your friend over to talk to him. Why not any of you? He obviously saw him driving or behind the wheel in the driveway.
2007-03-07 14:13:25 · answer #1 · answered by joeanonymous 6 · 0⤊ 0⤋
With the DUI laws differing from state to state, what stays the same is the level of evidence neccessary to prove a case. If the officer testifies he did not see your friend driving the car, then it will be an extremely difficult case to prove by the prosecution. On the flip side, if the officer did see your friend drive the car, your freind was near the car at the time of the contact, was in possession of the keys, then he may sweat it a little bit. The officer will also have to have some form of impairment of the driver. Also, without your friend doing the breath test, this could hurt or help him. Clearly if he wasn't intoxicated past the legal limit then why not...If he was intoxicated and refuses, then he will probably have his license revoked or disqualified bases upon the refusal. Kind of a damned if you do, damn if you don't....But to be safe, reserve someone as the designated driver.
2007-03-07 14:15:07 · answer #2 · answered by Anonymous · 0⤊ 0⤋
The United States Constitution requires that an officer observe the crime to support an arrest if it is a misdemeanor.
DUI is a misdemeanor in California (other jurisdictions may vary), so unless some special circumstances exist, the driving must be seen by the officer. Additionally, there are cases in California which deal with unseen driving and SEVERAL suspects. In those cases, the officer is SUPPOSED to speak to all the parties to determine who is the driver. The proof of the case, called corpus delecti, can NOT be shown by the admission of the driver standing alone.
2007-03-08 05:40:38 · answer #3 · answered by Kapsack & Bair - DUI Lawyers 2 · 0⤊ 0⤋
DUI falls under whats called a misdemeanor witness rule. Basically the officer has to witness the infractionary offense that would lead to the eventual DUI arrest. Now, heres the clincher. How do you know for sure that the officer did not see the vehicle in motion.? If he witnessed the vehicle in operation and your friend admitted he was the driver then that would give enough probable cause for the arrest... maybe not a conviction but definitley the arrest. Pretty much your friend needs to take a plea if one is offered.
2007-03-07 14:15:53 · answer #4 · answered by udontneed2know 2 · 0⤊ 0⤋
ok, we could seem on the info. You drove a cra, genuine? Your BAC grew to become into two times the legal decrease, genuine? That feels like DUI to me. in spite of everything you drank, don't be so ignorant as to think of that when that a a million/2 of pint is going to be what places your BAC at double the legal point. You, like so nay human beings anymore, want responsible the police, or blame your acquaintances or all and sundry else on your issues. you're a grown up. anybody knows which you had better than adequate to be over a .08 BAC. You drove besides. Take the outcomes, and end pretending which you probably did no longer do something incorrect.
2016-09-30 09:00:55 · answer #5 · answered by ? 4 · 0⤊ 0⤋
If your friend never admitted that he was driving the car and the cop did not see the driver exit the car he has a good defense against prosecution. It's his word against the cop's. If your friend has no problem lying under oath all he's gotta do is say he had been drinking so somebody else was driving him home. However, if there is a possibility that the cop's video caught him exiting the car, he's busted would risk facing additional charges for trying to lie his way out of it...
I HOPE ALL SEVEN OF YOU LEARNED A LESSON, DON'T DRINK AND DRIVE
2007-03-07 14:20:28 · answer #6 · answered by J P 7 · 0⤊ 0⤋
Yes, if the cop talked your friend into admitting that he drove that vehicle very recently, and then tests positive for being above the legal limit, then he is guilty of DUI.
It's like telling a cop you just killed someone. The cop would be busting you on your own admittance to the crime. It's like turning yourself in.
2007-03-08 04:26:57 · answer #7 · answered by joshnya68 4 · 0⤊ 0⤋
Some of the issues involved will be state specific. Not knowing the state may effect the quality of any response.
In general, driving must be observed though it can be inferred from other activity (this could depend on state law).
So, the answer is, yes, they CAN arrest you even if they do not see you driving. However, there may be legal issues that CAN be raised by the defense.
- Carl
2007-03-07 14:34:19 · answer #8 · answered by cdwjava 3 · 0⤊ 0⤋
a cop can arrest you for pretty much whatever he wants. the answer is whether any charges laid would be succesful. he might be able to get out of it in that the cop didn't actually *see* him driving, and his confession would not apply since he was drunk (in many jurisdictions, though, a lot of civil rights are lost in drunk driving cases). Tell him to get a lawyer.
PS. Buddy is a dumbass for drinking and driving.
2007-03-07 14:11:39 · answer #9 · answered by Paul B 2 · 0⤊ 0⤋
You don't even have to be driving. I knew of this one guy he was arrested while asleep in his vehicle, trouble was the officer pulled to the side of the hwy to check on his safety and found that he was intoxicated and construed that he didn't drive to that point just to get plastered he just couldn't get back to where he started, lol
2007-03-08 06:46:35 · answer #10 · answered by Toxic 2 · 0⤊ 0⤋