More details to this question:
I left a gas station close to my house, got home and 30 min later, the cops came and arrested me. They never personally saw me driving, unless they looked at the store video.
8 ANSWERS
Geoffrey MacLaren Yaryan
They can arrest you for a dui even though they never saw you driving if there is other wits or a video. However, if they do after you have been home 30 minutes then they would need to ask you if you had anything to drink after returning home, if you say yes they would have no case. To arrest someone at home they must have a warrant or trick you into coming outside.
Answered on Jan 24th, 2013 at 10:11 AM
Michael J. Breczinski
I would have to see the police reports to answer this question.
Answered on Jan 18th, 2013 at 1:15 AM
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They probably will claim someone called 911. You likely have a good chance to challenge the stop in court.
Answered on Jan 16th, 2013 at 3:10 PM
Family Law Attorney serving Bluffton, SC
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Peacock Law Group of the Lowcountry, LLC
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It does not sound like law enforcement has a very solid case against you. There are several defenses that might apply in this situation. You should consult with a local attorney before taking any action and/or inaction based on this information.
Answered on Jan 16th, 2013 at 3:09 PM
Drug Charges Attorney serving Houston, TX
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Cynthia Henley
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Obviously if they arrested you they can. The question is whether they can prove you were intoxicated at the time of driving, if they can prove it was you driving. You need a lawyer.
Answered on Jan 16th, 2013 at 3:08 PM
Yes they can, based on circumstantial evidence that you were in fact driving, and probably coupled with the statements that you voluntarily made when they came for you. You need to hire a DUI specialist ASAP, because you have only 10 days to save your license.
Answered on Jan 16th, 2013 at 3:08 PM
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Yes, you can be arrested. Police officers do not have to personally witness a crime to arrest someone for a crime.
Answered on Jan 16th, 2013 at 3:08 PM
Criminal Law Defense Attorney serving St. George, UT
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Edward D. Flint Attorney at Law
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Cops can and do arrest people all the time and hope to coerce you into admitted guilt and not fighting the charges. The video and any live witnesses may be enough to convict you, but it's a weak case.
Answered on Jan 16th, 2013 at 3:07 PM