A family friend recently recieved a DUI ticket. The scenario was that it was around midnight on a saturday and he was leaving a bar with his girlfriend. The two walked to his car in the nearby parking lot. They then opened the doors, sat down, and he put his key into the ignition (he did not yet turn the key to start the engine). The next thing you know a police officer tapped on his window and had him blow into a breathalyzer. Resulting in him blowing over .08 and then he was given a DUI. Now I know that you can refuse a breathalyzer and so on... but was this ethical? Is it right for a police officer to be able to do this without suspicion (other than he was leaving a bar)?
2007-07-23 07:17:09 · 11 answers · asked by ErinLindsay 5 in Politics & Government ➔ Law & Ethics
In evaluating a DUI case, the first question to ask is:
Did the police officer have a legal right to detain and question the driver, and to ask the driver to submit to a field sobriety test..(that may or may not include a portable breath test). The answers vary greatly from jurisdiction to jurisdiction, sometimes even within the same state.
Generally, to detain a driver, a police officer must have a reasonable suspicion that the driver has or is committing an infraction or some crime. Now, that being said, if the police officer watched him leave a bar, stagger to the car, fumble with his keys, etc, then the officer may have had grounds to investigate him further.
Your family friend needs to IMMEDIATELY contact the services of an attorney experienced in DUI law. The requirements for when to file various pleadings are often statutory, and your friend may have already run out of time. The attorney in your friend's state can also properly advise him on how your courts have interpreted the reasonable suspicion guidelines, and how best to proceed.
For a referrall, contact your local or state bar association.
2007-07-23 10:38:36 · answer #1 · answered by Phil R 5 · 0⤊ 0⤋
Yes as he had the intentions of driving while under the influence which would result in a DUI. You cannot refuse a breathalyser, as if they feel you are intoxicated and behind the wheel they can take you to the state to perform a more thorough examination with better equipment.
I definitely applaud that officer as he is keeping the drivers off the road completely.
Coming out of the bar, and getting into the drivers seat is suspicion.
He was on right grounds, and it was ethical.
2007-07-23 07:36:27 · answer #2 · answered by Gump023 4 · 0⤊ 1⤋
Did the officer receive a call from a tipster that your friend was intoxicated? Did he stagger? There are any number of ways the officer may have either gained the information, or believed that he was intoxicated.
In some states, you don't even have to be in the car, just have care custody and control of the keys.
2007-07-23 07:44:53 · answer #3 · answered by Michael H 7 · 0⤊ 0⤋
ethical? No! entrapment maybe! Legal if it was entrapment ? Yes! In most cases he would not even of had to put the key in the ignition or even sit behind the wheel ! ...he's lucky they didn't ask the passenger to step out side of the car they could have and often DO arrest people like that for "public intoxication"...he needs a GOOD lawyer.
2007-07-23 07:29:49 · answer #4 · answered by Robert P 6 · 0⤊ 0⤋
Answer: I know not where you are, however...fighting this will be a PIP! Hire a lawyer and go for a local charge like "occupying the seat", most cities have that option which is no more than a fine to the city.
Police are considered officers of the court and as such their word carries more in court than...the citizen whose's tax money funds the court intends to extort!
Bit of angry there...Sorry!
2007-07-23 07:26:17 · answer #5 · answered by Anonymous · 1⤊ 0⤋
confident. i understand that. the only attempt you're obliged to take is any chemical attempt the police ask for. Refusing field sobriety will commonly effect in arrest for suspicion of DWI and a chemical attempt. a sturdy reason to no longer do field sobriety is that in case you come out under the per se shrink of 0.08 on the chemical attempt, they could nonetheless make a case which you're impaired with the effect of the sobriety tests. Many in this thread do no longer seem to appreciate this fact. The chemical attempt is a could do. the sphere sobriety tests are actually not. you're below no criminal criminal accountability to enhance one foot interior the air, walk a line, say the alphabet, or persist with the flashlight.
2016-11-10 04:45:30 · answer #6 · answered by ? 4 · 0⤊ 0⤋
the police officer can do that legally because he was leaving the bar he had the key in the ignition and was preparing to drive from a location known to serve alcohol which is what gave him legal cause or just cause if u prepare i personally applaud officers who do this because it makes me feel safer driving down the road.
2007-07-23 07:21:26 · answer #7 · answered by ggates1982 3 · 1⤊ 2⤋
Yep, perfectly legal. He was in the driver's seat and had the key in the ignition. That's all it takes. Obviously, your friend is an idiot who was going to get out on the road, drive drunk, and try to kill himself, his passenger, and whoever else he could manage to get.
2007-07-23 07:22:54 · answer #8 · answered by starrrrgazer 5 · 0⤊ 2⤋
The police officer stopped this man from driving drunk and possibly killing someone. I'd say it's perfectly ethical.
2007-07-23 07:21:57 · answer #9 · answered by Anonymous · 1⤊ 2⤋
merely leaving a bar would not be probable cause, but the slightest bit of staggering, or swaying would be.
2007-07-23 07:38:37 · answer #10 · answered by Anonymous · 0⤊ 0⤋