Do you think I have a case and should I get a lawyer?

Question

A civilian followed me home a few miles from work. I was in my driveway and he took my keys from me and would not let me enter my house. I tried to get out of my car and he stepped in front of me and told me to get back in. I am 5' 4", 120 lbs, he was a huge guy and I was afraid of him. He called the police, who gave me the breathalyzer and field test and they took me to jail. Can someone please advise me (preferably a lawyer) on if I have a case? Thanks

Also- I was parked in my driveway in front of my house

I am from Nevada

Answer 1

You are only giving a partial story. This appears to have something to do with driving under the influence. Unless you state all the facts, you will not get a correct answer. Only guesses.
Edit. It almost sounds as if this person was an off duty Police Officer. You obviously drew enough of attention to make this person do what he did. He is the witness to your driving, not the Police that arrested you. He will have to appear in court to testify against you. You will need an attorney to defend yourself.

Answer 2

Ok the facts as stated by you:
1 - You were given a breathalyzer test by the police and made to walk the line in the field test.
2 - you failed those tests
3 - you were arrested and taken to jail
4 - This citizen detained you against your will

Working with those facts, california state penal code statute 837 regarding citizens arrest states:

837 PC Arrest by Private Person (Citizen's Arrest):
A private person may arrest another:

- For a public offense committed or attempted in his presence.

- When the person arrested has committed a felony, although not in his presence.

- When a felony has been in fact committed, and he has reasonable cause for believing the person arrested to have committed it.




So, no... a citizens arrest cannot ONLY be made when a felony has been commited. A Dui is a misdemeanor crime which is a public offense. The unsafe operation of a motor vehicle is indeed a public offense.

P.s. - what do you do for a job that you were intoxicated on your way home from work?

Answer 3

The man was actually the person that detained you because of suspicion of DUI. When most states that is legal. When he called the police it was basically like him calling for backup. He went about it all wrong because a lot of things could have happened to him. Like if your boyfriend was home and saw this transpire then we could have gotten a beat down. All the man would have had to say was that you were driving erratically and that would have been good enough for the police to make contact with you. The reason the man didn't let you into your house until the police showed up was because you could have said you had a few drinks while waiting for the cops to show up.

Answer 4

Yes, you have a case. A case of DUI against you. Why don't you just own up to your crime and admit your wrongdoing? Not acknowledging your problem is only going to make your life worse. I made an arrest at the scene of an accident against the guy who caused it. He was trying to flee the scene. And guess what? He driving drunk at 7:00 am and hit 5 cars including mine and that of a woman who was pregnant and had a small child in the backseat. This drunk bastard sent 3 people to the hospital. Still think you had your "civil rights" violated? Get over yourself and stop trying to blame others for your actions. You will become a much better person for it.

Answer 5

I think you from California, from your yahoo id. There are a couple things to look at here.

1. you obviously drove erratically enough to have this person follow you home.

2. once the police arrived you had to have acted intoxicated for them to test you breathe wise and fst (field sobriety test) wise.

They need to witness you being intoxicated, not just take his word for it.

I am also going to guess he may have been involved with law enforcement of somehow, otherwise he would have let you go into your home.

If he wasn't off duty, taking your keys forcibly and preventing you from exiting your car and going into your private residence could be twisted and turned into a crime by a defender with great vocabulary skills.

The bare minimum is, you drove drunk and should and will be punished for that. His actions MAY have been illegal, depending on the circumstances of his profession. They will argue that just because he says get back in, doesn't mean you have to listen to him. And unless he did something to make you afraid he may not be in the wrong. My guess is still he was off duty, especially since the police didn't call him off like they would with any other private citizen.

Answer 6

In most states a citizen can only make a "citizens arrest" for a felony. DUI is not a felony unless this is your 2nd. or 3rd. offense. Even at that the offense must occur within the site of police unless there was a traffic accident. If what you are saying is true you should get an attorney for the both the criminal case against you and civil charges against the police and the citizen.

Answer 7

of course you need an attorney but let's face the facts here. If you were drinking and driving then you are guilty. If this person followed you home because he saw that you were drunk and not driving well, then he has made a citizens arrest and it is perfectly legal, yes, even in your own driveway.
Now, did he tell you that is way he was doing? If not, then tell that to the attorney but remember that a DIU is a serious matter.

Answer 8

Sounds like a legal "Citizen's Arrest" to me. Obviously you were intoxicated (or at least failed to pass the breathalyzer test) and were subsequently arrested based on that and the statement from the civilian witness that he observed you operating a motor vehicle while under the influence (DUI) or intoxicated (DWI), whichever applies in Nevada.
You need to worry about what is going to happen in reference to your case and not concentrate your energy and efforts against a citizen who was willing to put his own life in jeopardy when he made the Citizen's Arrest.
Just consider yourself lucky that you didn't hurt or kill someone or yourself while you were driving drunk!!

Answer 9

If you were driving drunk, what's the problem? You got caught. Be glad that the police didn't issue the breathalyzer at the scene of an accident where you killed someone.
If you push the issue, word could get back to the judge who's handling your dui case. If it does, you'll get the max.
I'd leave well enough alone and quit driving drunk.

Answer 10

Well, it sounds like a case of 'citizen arrest' which is legal in just about every state I know of. And he would be covered by 'Good Samaritan' laws for acting in good faith to prevent a crime.

The whole "but I made it to my drive way" defense will never work....even and especially when the police are following you.

So, what he did was take your keys and prevent you from driving and hiding in your house. The police used him as a witness to establish p/c for at minimum 'actual physical control of a motor vehicle' which makes you guilty if you are DUI.

You can get an attorney and I would encourage it. But, a case against the citizen that stopped you? No... you have no case against him

You can only try to fight the charge for lack of p/c by the police.