QUESTION
Can the police officer arrest me for the 2 charges because I remain silent and not rolling the window down all the way at a DUI checkpoint?
Asked on Jan 25th, 2014 on DUI/DWI - California
More details to this question:
I was driving through a DUI checkpoint in CA. I roll my window down about 3 inches and gave them my CDL. The officer asked me question and I refuse to answer any. He asked me to roll down my window further to see if I have been drinking. I decline. The officer also told me by law that I have to roll down the window. The officer then shatter the glass and force me out of the vehicle. The police officer also search my vehicle without my consent. They didn't asked me to perform any tests. Then the officer call his Sargent and charge me with 2814.2 and 2800. Everything was recorded the whole time.
4 ANSWERS
Criminal Defense Attorney serving Santa Rosa, CA
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Michael T. Lynch
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To answer your question, yes an Officer can arrest. They have the power, even in cases where they don't have the right. This is one of the reasons you should never resist, even when the Police are wrong. Having said that, you should hire both a criminal defense attorney and a civil rights attorney to address this situation.
Answered on Jan 30th, 2014 at 9:01 PM
You did the right thing and your case will be easier to beat because of it.
Answered on Jan 29th, 2014 at 8:29 PM
Personal Injury Attorney serving San Diego, CA
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Ozols Law Firm | Accident & Injury Attorneys
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If this is true, call a lawyer in your area ASAP. I know some that would likley handle that for free
Answered on Jan 29th, 2014 at 7:53 PM
Bankruptcy Attorney serving Irvine, CA
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Chambers Law Firm, P.C.
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Sure, it's possible or you to be arrested depending on what other facts gave rise to your arrest. Whether the arrest was legal (i.e. supported by probable cause) is another issue and requires thorough analysis. Contact some DUI attorneys in your area. Also, many of us on LawQA provide a free consultation.
Answered on Jan 29th, 2014 at 7:52 PM