More details to this question:
I got into a dispute and the police were called. I asked one of the officer’s for a ride home. The other officer on scene was quick to tell his partner not to give me a ride. I left the premises on foot. I then doubled back and got my car. I pulled into my driveway were the officer that denied my ride pulled in from the other end of my alley. The officer pulled into my yard behind me and said "I knew you were going to drive". This officer released me to wait at my house and give me a DUI.
27 ANSWERS
Criminal Defense Attorney serving Fullerton, CA
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The Law Offices of John W. Bussman
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You were drunk? You were driving? What's the question?
Answered on Jun 26th, 2013 at 1:51 AM
Transportation Attorney serving Mamaroneck, NY
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Palumbo & Associates, PC
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Totally, totally a legal arrest and charge.
Answered on Jun 26th, 2013 at 1:51 AM
Steven D. Dunnings
You drove while intoxicated.
Answered on Jun 26th, 2013 at 1:43 AM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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Yes.
Answered on Jun 02nd, 2013 at 9:35 PM
Criminal Law Attorney serving Howell, MI
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Law Offices of Jules N. Fiani
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Yes.
Answered on May 31st, 2013 at 1:19 AM
Geoffrey MacLaren Yaryan
Yes, it's legal.
Answered on May 31st, 2013 at 1:07 AM
Jacob P. Sartz
Speaking generally, if there are issues with how a search or stop was conducted, the defense may be able to file a motion to suppress and prohibit the alleged incriminatory evidence from being admitted at trial. However, motions to suppress should only be filed if they are timely researched, properly prepared, and part of the trial strategy for a particular case.
Answered on Nov 28th, 2011 at 9:47 PM
Michael J. Breczinski
You want to bring this up to your attorney and he might be use this to get a better deal. It may not be illegal but it would not be good public relations for the police if this got out.
Answered on Nov 16th, 2011 at 8:25 PM
Samuel H. Harrison
Yes, it's a legal arrest.
Answered on Nov 16th, 2011 at 10:19 AM
The police are not required to give rides home. if you drive when are under the influence and the police see you then it's a legal bust.
Answered on Nov 15th, 2011 at 6:37 PM
Appellate Attorney serving University Place, WA
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Baner and Baner Law Firm
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Fantastic! If your in Western Washington and need a good attorney on that one I'd love to talk to you about it since it sounds so fun. If you already have an attorney I hope you guys do a great job!
Answered on Nov 15th, 2011 at 6:03 PM
Automobile Attorney serving East Lansing, MI
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Nichols Law Firm PLLC
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This raises a potential issue called "entrapment." However, for a case to be subject to dismissal for "entrapment" - the person charged must have no propensity to commit the illegal act and the person's actions must have been completely the product of law enforcement prodding. It does not sound like your case rises to the level of entrapment but it sounds as if more facts would be helpful to know.
Answered on Nov 15th, 2011 at 9:11 AM
Yes, the charge is legal.
Answered on Nov 15th, 2011 at 9:03 AM
Chapter 7 Bankruptcy Attorney serving Appleton, WI
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Sisson & Kachinsky Law Offices
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This is a very interesting case. While the officer should have at least called you a cab, unfortunately he was under no obligation to do so. To be found guilty of drunk driving you don't actually need to even be driving but merely manipulating the controls. Given that however, I think that you could certainly use your situation to your benefit in negotiations with the prosecutor. Did you take a blood test and if so, how intoxicated were you?
Answered on Nov 15th, 2011 at 2:10 AM
Personal Injury Attorney serving Omaha, NE
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Chandler Conway, P.C., L.L.O.
It looks like you would definitely have some issues you can raise before trial. Once being whether or not the officer had reason to stop your vehicle when you were pulling into your driveway.
Answered on Nov 15th, 2011 at 1:54 AM
Small Businesses Attorney serving Livonia, MI
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Klisz Law Office, PLLC
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Sure. It meets all the elements of DUI.
Answered on Nov 15th, 2011 at 1:43 AM
Drug Charges Attorney serving Houston, TX
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Cynthia Henley
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Obviously you knew that you would not be allowed to drive away from the scene or you would not have left on foot. Yes, this is a legal arrest.
Answered on Nov 15th, 2011 at 1:43 AM
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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Sure the charge is legal.
Answered on Nov 15th, 2011 at 1:10 AM
Criminal Law Attorney serving Los Angeles, CA
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Law Office of Edward J. Blum
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Did he see you driving? Did he have a valid reason to stop you? Did he test you at the first scene (FSTs and Breathalyzer)? If not, then it is probably not a legal arrest.
Answered on Nov 15th, 2011 at 12:18 AM
Driving While Intoxicated Attorney serving Columbia, MD
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Law Office of Scott C. Athen, PC
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You should definitely speak with an attorney who handles DUI cases on a regular basis.
Answered on Nov 14th, 2011 at 10:50 PM
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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You need to have an experienced DUI attorney review the police report in order to determine if the stop was valid. He will be able to determine if any motions can be made to suppress or dismiss based upon that evidence.
Answered on Nov 14th, 2011 at 10:16 PM
Criminal Defense Attorney serving Pittsburgh, PA
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Law Office of Jeffrey L. Pollock
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You were not entrapped. If you drove and were over .08 BAC%, then there was probable cause to arrest you.
Answered on Nov 14th, 2011 at 10:15 PM
Criminal Trial Attorney serving San Jose, CA
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Law Office of Thomas F. Mueller
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It is legal for the police to arrest you for DUI if they have probable cause to believe you are guilty. You did not say whether a chemical test was performed. If so, the result of that test is very important. If the police did not have probable cause the arrest can be successfully challenged with a motion to suppress evidence.
Answered on Nov 14th, 2011 at 9:22 PM
Time to hire a DUI specialist, because you've just been cited for DUI. Legal or not, you've got a court case on your hands. Contact a lawyer before it is too late, because you have only 10 days to save your license.
Answered on Nov 14th, 2011 at 9:03 PM
Criminal Defense Attorney serving Santa Ana, CA
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Law Offices of Paula Drake
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They can certainly charge you, depending upon the other issues such as the blood alcohol level, etc. However, you may have a defense, so consult an attorney with more of the details.
Answered on Nov 14th, 2011 at 8:41 PM
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If you were operating a motor vehicle in a public place while intoxicated then YES they can arrest you for DWI. But sounds very confusing. Hire a DWI trial attorney in your area and fight it with everything you got.
Answered on Nov 14th, 2011 at 8:32 PM
The charge of DUI can be attacked in a variety of different ways. If there was some sort of entrapment by the police, that could well be another avenue of attack for an attorney who is willing to fight for you and not plead you out. Hire an attorney and he can try to use this to your advantage.
Answered on Nov 14th, 2011 at 8:31 PM