all the police dept went by is my angry son telling them i was. i had also refused breath test because i did have a drink at home before the police arrived ... i was arrested at home and the tickets have a differant street suposinly where my son lied where i had driven. not one of the officers saw or said they saw me driving or drinking .. i also have a couple of horrible messages the day after my son left on my phone laughing about him calling the police on me what do you think can i beat this on the facts alone??
2007-06-25 06:07:11 · 14 answers · asked by squawwitoutamule 3 in Politics & Government ➔ Law Enforcement & Police
no i do not have a drinking problem my son is a con man, pot head,drug addict he was mad because i threw him and his girl friend out of my home because they live on everyones floor and dont pay thier bills he is only concerned about him self
2007-06-25 06:23:58 · update #1
If I am understanding your question correctly, you're saying that you were arrested for DUI, but no one saw you driving. To be arrested for this violation, there has to be probable cause. The first citation issued, is the probable cause violation for the stop. Unless you can add a lot more information to the scenario, the arrest was improper, and should be dismissed in court.
2007-06-25 07:26:53 · answer #1 · answered by CGIV76 7 · 3⤊ 1⤋
A person can be cited for DUI as the police did because
1) Someone, your son, indicated you had been driving. You claim you had not been, so you will have to produce a witness that can testify to the fact that you had not been behind the wheel of a car or produce the malicious messages.
2) You were arrested at home for the simple reason that because of the claim that you had been behind the wheel and you refused to submit to a breathalyzer test. Refusing to do the test is an automatic suspension of license and arrest.
Edited to add:
3) I don't know what state you live in BUT in California Police may enter Californians' homes without warrants to arrest those suspected of driving under the influence. This is also the case in at least 12 more states: such as OH, MN,WI,PA to name a few. I know it sticks it to the 4th amendment but this has been the leaning towards the right that most courts in the nation are taking. nowadays.
2007-06-25 06:20:07 · answer #2 · answered by thequeenreigns 7 · 0⤊ 1⤋
If you can really prove you were at home when the officers cited you for DUI, there is nothing to worry about. What does it say on the ticket? Does the report say that you were in the car at a specific location when the officer gave you a ticket? Or does it say that they ticketed you inside of you home? Does it say that they followed you there?
If the report says that they were responding to a complaint and that they were dispatched to your home based on a tip, there will be no case unless you open your mouth and give them more evidence. In other words - keep your mouth shut!
It's hard to believe that they would even charge you with this, which is why I would have to agree with a previous poster that there is something that you are not telling us.But stranger things happen. There is no repercussion for police filing a stupid report and citation, so what you are telling us is very possible. As far as your son's call, it is irrelelvant unless (once again) you open your mouth and admit to something (knowingly or unknowingly). But, if you HAVE indeeed told us everything and left nothing out, this case wiil be thrown out. Just ride it out.
Also, if you were not in your car, nor seen coming out of your car BY THE POLICE, you have the right to refuse the breathalizer with no ill-affect your license.
2007-06-25 06:17:09 · answer #3 · answered by Daddy-o 5 · 0⤊ 1⤋
If the police did not observe you driving then they had no probable cause for arresting you. People accuse others of breaking the law all the time but without some form of evidence there is little they will do. It sounds like there's more to this story. For instance, did your son tip the police that he'd seen you drive drunk in the past? And was he convincing enough that they were watching for you? Happens all the time outside bars and nightclubs. The police suspect that people will drive out of the parking lot drunk and they are rarely disappointed.
2007-06-25 06:32:22 · answer #4 · answered by Anonymous · 1⤊ 1⤋
Here we have the ability to have people sign complaints and we go based on those for probable cause. Generally I do not like doing that with only one witness (because they may have an agenda).
Unfortunately for you, the police did get a complaint about something they take seriously. My best advice would be, if you did not truly drink and drive would be to save all the phone messages you son left and speak with a lawyer.
2007-06-25 06:46:17 · answer #5 · answered by Kenneth C 6 · 1⤊ 1⤋
You said you were "already at home.." That makes it sound as if you were driving after you had a drink, and that you made it home safe before the police caught up to you. Why would you refuse the Breathalyzer test? That isn't a great sign to the police officer and they would have arrested you on the spot for refusing to take one. Beat this on facts alone? What facts? You told us you refused to take the Breathalyzer test - The police officer is going to assume that you were drinking. Police officers weren't born yesterday, they know how people work and think. The only facts you have are that your son called you in, that you had a drink, and failed to take the test.
If you were drinking and driving, man up and deal with the consequences. You could have killed someone.
2007-06-25 06:13:51 · answer #6 · answered by ☆Bombastic☆ 5 · 1⤊ 4⤋
This question has three sides to it....your son's....yours...and the police.
The police would not have arrested you without having probable cause. Certainly by refusing a breathtest you may have some problems.
Not having been there nor hearing the side from the law enforcement officers involved...makes this an extremely hard question to answer.
You may wish to contact a police supervisor to determine what was written on the report by the police.
You may also wish to contact a local attorney for legal advise!
Best wishes.
2007-06-25 06:17:06 · answer #7 · answered by KC V ™ 7 · 6⤊ 2⤋
save the messages,it shows malicious reporting. you have no reason or compulsion to agree to a breathilizer in your home. for a conviction they have to be able to place you behind the wheel. your sons message has made him a less than credible witness. this is another case of guilty until you prove yourself innocent. a good lawyer can beat it. but don't drink and drive
2007-06-25 06:26:33 · answer #8 · answered by Anonymous · 0⤊ 1⤋
No, in most states it is an automatic arrest if you refuse to take a breath test. Your version of the facts does not hold water since its based on your memory while drinking.
I think you have a drinking problem and need to get some help.
2007-06-25 06:13:10 · answer #9 · answered by Wildfire 3 · 2⤊ 3⤋
There has got to be more to the story. There is NO WAY any legitimate law enforcement agency would cite you for DUI based on this specific scenario. Did you admit to driving or something you're not telling us?
2007-06-25 06:13:19 · answer #10 · answered by Anonymous · 4⤊ 1⤋