My husband was coming home from a family member's party and unfortunately the car that he was driving cut out and could not be restarted. He immediately called me and I was on my way to him. About 20 mins after the car stalled a state trooper was driving by and stopped to help the disabled vehicle. My husband was not in the car, keys were not in the ignition and he was standing approx 5-10 feet away from the car as he did not want to be inside the car should someone hit it (It was a dark road and the car would not restart). The trooper then asked for the keys to see if she could restart the car. It was still unable to be restarted and a tow was called. After that and just as I was arriving with my vehicle (we were both coming home from the same party but went different ways home. I was not drinking), she performed several tests (follow the pen, heel to toe walk and Stand on one foot and count). He passed these tests. She then took a breath test and he blew a 0.1%. She then proceeded to cuff him but did not inform him of what he was being arrested for nor was he read his rights. He was completely compliant during the whole process.
Interesting case. You need to review the specific facts and the police report with an attorney. I am not so sure they can prove operability (him being behind the wheel within 2 hours) unless he made statements. All attorneys would need to know more, like, what the police reports says, did he make admissions, etc. You really should talk to a lawyer.
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