QUESTION
Why did my drivers license get mailed back to me after I was jailed for DUI while standing on the side of the road?
Asked on Dec 23rd, 2012 on DUI/DWI - Massachusetts
More details to this question:
I witnessed a car accident and the cops showed up. They said that I smelled like I had been drinking and he said I told him I was driving so he asked me to blow. I said no. He took my ID then took me to jail. About 2 weeks later my ID comes back to me in the mail. my question is why did my drivers licence get mailed back to me
3 ANSWERS
Automobile Attorney serving East Lansing, MI
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Nichols Law Firm PLLC
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The case has not been authorized for prosecution at this time OR you have an out of state license. At least that is my sense from what little you told me.
Answered on Jan 03rd, 2013 at 4:58 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Be aide standing by the road, even legally drunk to the point you could not drive is not a crime.
Answered on Jan 03rd, 2013 at 4:52 AM
With the limited facts you have provided, I can only assume that the police took you in protective custody because you were intoxicated and a possible danger to yourself. The police in Massachusetts can hold someone who is intoxicated in protective custody until they are sober or up to 4 hours. They may have taken your license because they did not want you to drive. They mailed it back because the police had no right to hold your license. Had you been arrested for drunk driving then the police could have taken your license if you refused the breath test or failed it.
Answered on Jan 02nd, 2013 at 2:15 PM