More details to this question:
If an officer comes to the aid of a broken down car with two occupants inside and tells one of them to get in while he pushes the car off the road, can he then ticket that driver for DUI?
5 ANSWERS
Of course he can. What you mentioned has no bearing on whether a cop can or cannot cite someone for DUI. If the objective symptoms of intoxication are there, a DUI investigation will follow, sometimes leading to arrest.
Answered on Jan 11th, 2013 at 12:13 AM
Gary Moore
Can he? He did. Is there a solid defense to the charge? Yes.
Answered on Jan 10th, 2013 at 11:40 PM
Michael J. Breczinski
I would argue that he had no right to tell someone to drive a vehicle if that person is intoxicated and that would be a type of entrapment.
Answered on Jan 10th, 2013 at 10:24 PM
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No way he can prove who was driving the car unless he has an incriminating statement.
Answered on Jan 10th, 2013 at 10:23 PM
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Yes. If he has legal grounds to do so.
Answered on Jan 08th, 2013 at 5:57 PM