QUESTION
How should I know if my DUI arrest was legal?
Asked on Sep 09th, 2015 on DUI/DWI - California
More details to this question:
My husband was arrested in our own yard for drunk driving. He was not in the car at the time the officer came to the house stated. He had a witness that he was driving he was in the yard 20 minutes before the sheriff came. Is that a legal arrest? I thought DUI stand for driving while intoxicated?
6 ANSWERS
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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Not enough information to give detailed answer. Husband needs to speak with an attorney about filing a Motion to Dismiss.
Answered on Sep 10th, 2015 at 7:01 AM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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It does. But that can be demonstrated by other means than the officer's personal observation. After all, how many police officers personally witness rapes or robbery or murder? Find a good criminal defense lawyer in your locality.
Answered on Sep 09th, 2015 at 10:58 PM
Bankruptcy Attorney serving Irvine, CA
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Chambers Law Firm, P.C.
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It's a complicated and fact-specific analysis. Consult some attorneys many here on LawQA provide a free consultation.
Answered on Sep 09th, 2015 at 10:57 PM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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Anyone can be arrested for anything. Whether or not the D.A. can prove their case beyond a reasonable doubt is something else. I suggest that your husband contact an experienced criminal defense attorney for a face-to-face consultation and give him/her all of the facts surrounding his arrest. (S)he would then be in a better position to analyze his case and advise him of his options.
Answered on Sep 09th, 2015 at 10:44 PM
Criminal Law Attorney serving Los Angeles, CA
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Law Office of Edward J. Blum
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If he's got a witness to his driving then it's enough for them to charge him. He can beat it with the right lawyer.
Answered on Sep 09th, 2015 at 9:32 PM
Instead of worrying about whether the arrest was legal, you need to focus your attention on how you can avoid being convicted. First things first. You need to hire a DUI specialist, and do it soon because you have only 10 days to save your license. If you don't do things to protect yourself now, whether the stop was legal or not will prove to be irrelevant later.
Answered on Sep 09th, 2015 at 9:18 PM