QUESTION
Can the state suspend my license if a DUI was issued on private property while I was clearly out of the vehicle?
Asked on May 27th, 2013 on DUI/DWI - Illinois
More details to this question:
I pulled into my driveway at midnight, got out of my car and proceeded to go into my home. A police officer pulled into my driveway with no lights on and asked why I didn't use my left hand blinker at 4 way stop intersection. I replied the turn signal was broke and I had used a hand signal. I started to enter my code into my garage opener when the policeman jumped me and proceeded to tackle me to the ground. I informed him that I had a bad heart with a defibrillator which he said he didn't care. I was asked to take a sobriety field test and breathalyzer which I refused. I was arrested for DUI, resisting arrest, broken taillight and tailgating.
6 ANSWERS
Michael J. Breczinski
Well he saw you driving and you at least had a defective equipment violation. So he could stop you and give you the tests or arrest you if he had probable cause to believe that you were under the influence while driving.
Answered on Jun 03rd, 2013 at 2:33 PM
Criminal Defense Attorney serving Oakland, CA
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Kapsack & Bair, LLP
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You may have some defenses to some of your charges. You should contact a DUI defense attorney to determine what defenses are available to you under these facts.
Answered on May 29th, 2013 at 9:18 PM
Criminal Law Attorney serving Melrose Park, IL
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The Law Offices of Carlos H. Davalos
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You don't actually need to be caught in the act of driving. The driving element can be proven via witness testimony, for example, if an officer saw you drive. The public private aspect is irrelevant to the criminal charge.
Answered on May 28th, 2013 at 11:07 PM
They can. DMV couldn't care less. If no hearing is requested within 10 days, or if you are convicted in court, the license will be suspended automatically. Time to hire a DUI specialist.
Answered on May 28th, 2013 at 10:47 PM
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The fact that you were on private property would play little into what the cop did. If your rights were violated will turn on what the officer reasonably knew and when he/she knew it. In Colorado- if the officer had probable cause to request that you take a blood or breath test; and you refuse, than your license will be suspended for up to one year. If the officer had probable cause to believe that you were under the influence of alcohol or drugs is a fact determinant argument that should be made to the DMV hearing officers. You only have 7 days to request a hearing through the DMV, otherwise it will be deemed waived and you license would most likely be suspended.
Answered on May 28th, 2013 at 11:21 AM
Criminal Defense Attorney serving Chicago, IL
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Law Office of Andrew Gable
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Yes. They can arrest you if the officer states he saw you driving and commit an infraction. Proving it at trial, however, is a different thing.
Answered on May 28th, 2013 at 11:21 AM