Arkansas DUI without driving

[charlie3]

ARKANSAS:
My friend was in a bar and a guy there was interested in buying his vehicle. My friend had been drinking heavily but took the guy out to the vehicle and let him drive it in the vacant parking lot next to the bar ..the bar owns it as well. The other guy hit a tree on the edge of the lot and junped out and ran off. My friend had hit his head and had a small cut.. he went back into the bar and was going to call his girlfriend to come get him when the police arrived and asked him if that was his vehicle. He did not even have the keys. The police informed him someone across the street called them and said they saw a guy run from it with a black shirt and dark pants on.. my friend had on a light blue demin shirt and light colored demin jeans. The police took him in for questioning and did a breathalizer test which he failed. They did not read him his rights but arrested him on a DUI charge and he had to post bail. If this happened on private property and the owners of that property did not call can a policeman enter a private bar and arrest someone they did not see driving charge them with DUI?

 

[moburkes]

Yes, they can. Following your logic, as long as a crime is committed on private property (domestic violence on an owner of a property, murder on an owner of a property, rape of an owner of a property), as long as the owner doesn't report it, even if there were 1 million witnesses, the police cannot arrest anyone.

Miranda rights only need to be read prior to questioning, not prior to arrest.

 

[charlie3]

Arkansas: dui without driving

They sure did arrest him..and they did not read him his rights at any point. The owner told them they had not even seen him leave. He has a perfect record.. and a CDL license.

His Mother had a major stroke in New York that morning and she is in her 90's and he was upset.. he never drinks like that and was calling his girlfriend to come get him..

I appreciate your help and know he will as well. He does not have internet access.

thanks so much.. I will tell him to contact an attorney ASAP.

 

[Zigner]

Mo was correct in her post re reading of Miranda Rights. Miranda Rights don't EVER need to be read. However, if they are not read, then any statements made by the person being arrested will be thrown out.

But, I bet the police don't need anything that was said by your "friend"

 

[charlie3]

Arkansas: dui without driving

So you are saying he has a case or he doesn't? He was the only one hurt.. no one else was hurt.. the guy driving fled.. and no one knew him. and no medical treatment was required.

 

[moburkes]

So you are saying he has a case or he doesn't? He was the only one hurt.. no one else was hurt.. the guy driving fled.. and no one knew him. and no medical treatment was required.

We're saying that the arrest appears to be prefectly legal and justified. If he'd like to fight the DUI, then he needs an attorney.

 

[CdwJava]

If this happened on private property and the owners of that property did not call can a policeman enter a private bar and arrest someone they did not see driving charge them with DUI?

Heck, I can go into a bar and arrest people for being drunk in public (provided they ARE drunk). Being in a bar or on private property does not exempt one from law regarding driving impaired or from laws concerning being three sheets to the wind.

If someone wants to become sloppy drunk, they can safely do so in their own home ... and it's cheaper!

- Carl

 

[CdwJava]

So you are saying he has a case or he doesn't? He was the only one hurt.. no one else was hurt.. the guy driving fled.. and no one knew him. and no medical treatment was required.

Any defendant can make a case. However, the mystery driver story rarely flies ... sorry, but the cops and the courts typically roll their eyes at that one. You do know that this is one of the most common tales drunks tell, right? Unfortunately for your pal, unless other patrons of the bar support this mystery driver scenario, it likely won't fly. But, a good defense attorney might be able to shine reasonable doubt on the driver identification, so your friend might get a good plea deal, and MAYBE he might get lucky at trial. But being seen running from his own vehicle and using the mystery driver story is going to get a chuckle from a jury, but is not likely to hold much credibility.

- Carl

 

[outonbail]

My friend had been drinking heavily

but

The other guy hit a tree on the edge of the lot and junped out and ran off.

the guy driving fled.. and no one knew him.

He has a perfect record..

he never drinks like that

His Mother had a major stroke in New York that morning and she is in her 90's and he was upset..

was going to call his girlfriend to come get him

He was the only one hurt..

They did not read him his rights

These sound like ten common excuses from Senior Judge's list of what not to say in court.

Originality has become so scarce, it probably qualifies for a spot on the list of endangered species!

 

[hanknows]

witness?

Usually when a DWI is administered at a pullover, the arresting officer testifies as the witness that the motorist was in fact the one operating the vehicle

in the case of an accident, usually another motorist (most likely willing to testify as a witness) is involved or an eyewitness may offer a statement and usually there is not a question of ID

If the complainant in this situation testifies as a witness with a description that does not match the person arrested of the crime, is that not an invalid description? Please correct me if I am wrong but it sounds like the charge lacks a valid witness.
Putting all suspicion aside based on the elements of the story given to us, can this person be convicted of operating the vehicle if there is no witness?

 

[moburkes]

The crystal ball is out of service. Even OJ couldn't get an answer.

 

[CdwJava]

If the complainant in this situation testifies as a witness with a description that does not match the person arrested of the crime, is that not an invalid description? Please correct me if I am wrong but it sounds like the charge lacks a valid witness.
Putting all suspicion aside based on the elements of the story given to us, can this person be convicted of operating the vehicle if there is no witness?

It depends on the nature of state law for the identification of parties at a DUI. CAN they make a case? Sure. Will it fly? Maybe not ... hence my mention that the situation may be good cause for reasonable doubt. In my state there are exceptions to eyewitness testimony of driving, and I suspect the case is the same in AR.

The state CAN make a case for ID based upon the witness seeing him running from the car, the car registered to the owner, and no other party observed in the car. The differing clothing description may, or may not, be a problem. Lighting and distance can change the clothing descriptions. There may also be other statements by the driver or bar patrons that reflect poorly upon the driver.

The bottom line is that the OP must consult an attorney who can obtain a copy of the state's case and determine its strength.

- Carl

 

[charlie3]

Arkansas: dui without driving

Can someone tell me what the normal penalties are for this offense is? He is going to be meeting with an attorney that was a former Chief of Police..
Since he has no prior traffic violations will that be taken in to consideration? Does character witness help in traffic courts?

I used to date this man and he has gone through Cancer treatment and I know he does not drink on a regular basis. This has shocked everyone but we also know he has been through some real stressful times.

 

[charlie3]

Arkansas: dui without driving

Update: My friend met with the attorney and he says it is all speculation and grey areas and he can get it nullified. No witnesses.. no one saw him in the vehicle. no prior traffic arrests or violations. We shall see.

 

[BigMistakeFl]

BigMistakeFl

Was your friend writing a check at the time by any chance?