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Arrested when standing next to girlfriends vehicle after random witness called police

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chuck_7777

Junior Member
What is the name of your state (only U.S. law)? California

Good morning everyone,

I had a DUI conviction (pleaded guilty) back in 2005.

Few months ago, my girlfriend was driving the car and we pulled over to have a smoke in front of police station. While we were standing next to her car with drivers door ajar and car running, a cruiser pulled behind us.

Cop said that he recieved a call from a witness that witness saw me driving 30 feet forward then back up to where car is and while I was backing up I swerved all over the place (btw length of the car is ~14 feet from car manual).

Then the usual thing happened (sir take test, etc.), but I was in such disbelieve that this is happening that I refused test and on all questions was answering: "I was not driving".

My girlfriend told them on the spot that: "I was driving from the restaraunt", "I had several beers" I heard that and it was in police report as well. Also in police report they wrote that at one point my girlfriend said "I let him drive a little because its my new car and he wanted to drive it", but she said that she never said anything like that (plus is she not native english speaker).

Cops admitted in police report and in conversation that they didn't see me driving.

I don't know if it matters but they made sexual remarks about my girlfriends dress and looks, after taking me away, they parked HER car at near parking lot and one of the cops that's left took her home.

I've pleaded not guilty and on arraignment procecutor wanted to bargain to give me 45 days jail.

What do you guys think? I have pretrial set in two weeks.

Very much appreciated in advance.
 


JETX

Senior Member
What do you guys think?
I think that if the witness shows up and testifies to your driving... you are toast.
Or if the officers testify that your girlfriend said you were driving... you are toast.
Either way, doesn't look good for you, ESPECIALLY if you don't have a GOOD defense attorney.
 

chuck_7777

Junior Member
I think that if the witness shows up and testifies to your driving... you are toast.
Or if the officers testify that your girlfriend said you were driving... you are toast.
Either way, doesn't look good for you, ESPECIALLY if you don't have a GOOD defense attorney.
Does it mean that if I stand next to the bar and see designated driver picking up his friends, I call police and say one of the guys walking from the bar was driving and come to court he'll be toast?
 

JETX

Senior Member
Does it mean that if I stand next to the bar and see designated driver picking up his friends, I call police and say one of the guys walking from the bar was driving and come to court he'll be toast?
Depends on whether your 'testimony' is believable... and without suitable challenge.
 

Rollin

Junior Member
Get a LAWYER......if you didn't drive you have nothing to worry about.....in the police report it states that he did not see you drive......so in this anybody can say anything world.....fight it tooth and nail.....don't let them scare you into a 45 day sentence.....it will follow you for the rest of your life....be hard to get a job etc. **************..in court say the example abou the guys coming out of the bar and calling on them**************give the judge something to think about!!! good luck!!!!
 

CdwJava

Senior Member
If they produce the witness that saw you driving, you will likely be in trouble.

If your girlfriend gets on the stand and says SHE was driving, not you, and the police maintain they saw no driving, then chances are good you will prevail.

A lot depends on what they bring to trial.

Consult local counsel.

- Carl
 
Ah if that's not Hearsay I don't know what is =(

Zinger I'm sure your 100% right about this one due to my lack of experience but wheres does the line get drawn?

Wiki:
Hearsay is information gathered by Person A from Person B concerning some event, condition, or thing of which Person A had no direct experience. When submitted as evidence, such statements are called hearsay evidence. As a legal term, "hearsay" can also have the narrower meaning of the use of such information as evidence to prove the truth of what is asserted. Such use of "hearsay evidence" in court is generally not allowed. This prohibition is called the hearsay rule.

For example, a witness says "Susan told me she was cold". Since the witness did not experience Susan's coldness firsthand, the statement would be hearsay evidence to the fact that Susan was cold, and not admissible. However, it would be admissible as evidence that Susan claimed to be cold, and that she was capable of speaking at that time.
 

>Charlotte<

Lurker
The officer isn't going to say "the defendant was driving", he's going to say "the defendant's girlfriend told me he was driving."
 

Zigner

Senior Member, Non-Attorney
Ah if that's not Hearsay I don't know what is =(

Zinger I'm sure your 100% right about this one due to my lack of experience but wheres does the line get drawn?

Wiki:
Hearsay is information gathered by Person A from Person B concerning some event, condition, or thing of which Person A had no direct experience. When submitted as evidence, such statements are called hearsay evidence. As a legal term, "hearsay" can also have the narrower meaning of the use of such information as evidence to prove the truth of what is asserted. Such use of "hearsay evidence" in court is generally not allowed. This prohibition is called the hearsay rule.

For example, a witness says "Susan told me she was cold". Since the witness did not experience Susan's coldness firsthand, the statement would be hearsay evidence to the fact that Susan was cold, and not admissible. However, it would be admissible as evidence that Susan claimed to be cold, and that she was capable of speaking at that time.
Yeah - that's what I said ;)
 

CdwJava

Senior Member
Ah if that's not Hearsay I don't know what is =(
Well ... you're kinda right ... kinda not.

Officer speaks to girlfriend, we'll call her Girl. Girl tells Officer, "My boyfriend was driving."

On the stand the officer is asked how he identified the driver of the vehicle. "I spoke to Girl and she told me her boyfriend was driving."

Is it hearsay? Sort of. Is it admissible in court? Maybe.

It can explain why the officer arrested the boyfriend and believed him to be the driver, but it might not be admissible as sole PROOF of his driving. The best evidence here would be to call the girlfriend to the stand to point out her boyfriend as the driver.

The statement might have a limited applicability at trial, and, of course, the defense can always refute the claim that the girlfriend said this.

From CPOLS:

Reliability

In order to be admissible, the court must rule that the evidence is reliable. Through centuries of trials, rules have developed that certain evidence - even though it may be relevant - is not necessarily true or believable (reliable).
1. Hearsay

The most obvious example of generally unreliable evidence is hearsay. Hearsay occurs when a witness testifies about what some other person said, and the testimony is offered for the truth of what the other person said.

Example: An officer testifies that an eyewitness to a riverbank stabbing told him that the defendant threw a knife-like object into the water right after the attack. This hearsay statement would be admissible to explain why the police searched the river, but not to prove the fact that the defendant threw the knife in there.

Even though hearsay evidence is generally inadmissible, there are many, many exceptions, a few of which will be mentioned here. The reason behind these exceptions is that hearsay in these particular situations is likely to be reliable and true, despite being hearsay.​
It can certainly be sufficient to justify the probable cause to make the arrest, it might not be sufficient to PROVE the issue of driving beyond a reasonable doubt unless the girlfriend takes the stand.

- carl
 

LSCAP

Member
There are a few things I don&#8217;t like about this.

Why would someone pull over in front of a police station to have a smoke?

And who, and where, is this witness?

Is this &#8216;witness&#8217; credible?

And in general, Why is it assumed that a person who has had a few drinks, is guilty of DUI, when they are not even in the car?

And about that, ( I don&#8217;t drink alcoholic beverages ) unless I was in the car, with the motor running (or at least behind the wheel ) how do I suddenly become guilty of being a drunk driver? Maybe public intox, but driving?

With or without the witness being present, he and the girlfriend should have shut their mouths. And if the officer pushed the issue, sure, take the tests, while admitting nothing.
No confession no conviction.

BTW I DO HATE drunk drivers. But I&#8217;m fussy about legal technicalities.

Do it by the book and OJ would still be in jail for two murders.

They should have hung him.
 
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