• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Bogus arrest

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Jacobsmom2006

Junior Member
was arrested for suspicion of dui with my son in the car. I was not driving, my husband was. He put me in driver's seat because he doesn't have a licence. I sustained a concussion and remember nothing of accident or anything else until the next afternoon. Three witnesses, one my son, two independent, told police I was not driving. I have no paperwork of arrest or arraignment. I don't know if I was read my Miranda rights or was booked or arraigned. I don't remember giving permission for a blood draw. Whatever they did find in my system was prescribed. Again though, I wasn't driving. It took 2 months since the accident for them to file charges. I need help on how to fight this. I'm 50 years old and have never had a dui
 


quincy

Senior Member
was arrested for suspicion of dui with my son in the car. I was not driving, my husband was. He put me in driver's seat because he doesn't have a licence. I sustained a concussion and remember nothing of accident or anything else until the next afternoon. Three witnesses, one my son, two independent, told police I was not driving. I have no paperwork of arrest or arraignment. I don't know if I was read my Miranda rights or was booked or arraigned. I don't remember giving permission for a blood draw. Whatever they did find in my system was prescribed. Again though, I wasn't driving. It took 2 months since the accident for them to file charges. I need help on how to fight this. I'm 50 years old and have never had a dui
What is the name of your state, Jacobsmom2006?

Your husband does not sound to be the most upstanding of characters ...
 

CdwJava

Senior Member
was arrested for suspicion of dui with my son in the car. I was not driving, my husband was. He put me in driver's seat because he doesn't have a licence. I sustained a concussion and remember nothing of accident or anything else until the next afternoon. Three witnesses, one my son, two independent, told police I was not driving. I have no paperwork of arrest or arraignment. I don't know if I was read my Miranda rights or was booked or arraigned. I don't remember giving permission for a blood draw. Whatever they did find in my system was prescribed. Again though, I wasn't driving. It took 2 months since the accident for them to file charges. I need help on how to fight this. I'm 50 years old and have never had a dui
When you say he "put" you in the driver's seat, does that mean he lied to the police and said you were driving? Or, did you get out of the car, walk to the driver's seat, and physically sit down in it?

And if you have no memory of the accident or anything, how do you know what happened? Maybe you DID drive because your husband was unlicensed.

Also, you need to understand that taking prescription medication in the prescribed dosage can still be impairing for driving purposes.

Work with your attorney.

Is your husband ready to confess to the police about his driving and his false statement to the police?
 

quincy

Senior Member
When you say he "put" you in the driver's seat, does that mean he lied to the police and said you were driving? Or, did you get out of the car, walk to the driver's seat, and physically sit down in it?

And if you have no memory of the accident or anything, how do you know what happened? Maybe you DID drive because your husband was unlicensed.

Also, you need to understand that taking prescription medication in the prescribed dosage can still be impairing for driving purposes.

Work with your attorney.

Is your husband ready to confess to the police about his driving and his false statement to the police?
The husband needs an attorney, too.
 

quincy

Senior Member
Yep. And I don't think he's going to encourage his client to take the rap for the wife. Things oughta be interesting at home for a while.
Perhaps the wife might want to search for a defense attorney whose practice also includes divorce ... ;)
 

Jacobsmom2006

Junior Member
I'm trying to figure out why the OP thinks this was a "Bogus arrest" :confused:
It's a bogus arrest for several reasons. One, I wasn't driving the vehicle based on 3 witness testimony, I had a significant head injury which caused me to lose my memory so I can't say I was given my rights, processed, or arraigned as I have no paperwork of the arrest, because of my head injury and subsequent memory loss, I was in no condition legally to consent to a blood tox. None of these things raise a red flag for you?
 

Zigner

Senior Member, Non-Attorney
It's a bogus arrest for several reasons. One, I wasn't driving the vehicle based on 3 witness testimony, I had a significant head injury which caused me to lose my memory so I can't say I was given my rights, processed, or arraigned as I have no paperwork of the arrest, because of my head injury and subsequent memory loss, I was in no condition legally to consent to a blood tox. None of these things raise a red flag for you?
1: You were in the driver's seat.
2: Irrelevant. There is no requirement that you be read your rights. Processing and arraignment occurs after the arrest. As to the paperwork, you acknowledge that you have no memory of it. Perhaps your wonderful husband got the paperwork on your behalf?
3: You don't have to "consent" to the blood toxicology.
4: None of this raises any particular red flags, no.

I'm not saying that you're GUILTY, but the arrest itself was anything but bogus.
 

FlyingRon

Senior Member
One, I wasn't driving the vehicle based on 3 witness testimony
Arrest only takes probable cause. Just because you are (possibly) not guilty does not make the arrest "bogus" (or otherwise improper). Having people say you didn't do it when they found you in the driver's seat isn't going to be overwhelming. In fact, it many cases the fact that you are behind the wheel is presumption that you are operating the vehicle and if you are intoxicated, that's not only enough to arrest you, IT IS ENOUGH TO CONVICT YOU.

I had a significant head injury which caused me to lose my memory so I can't say I was given my rights, processed, or arraigned as I have no paperwork of the arrest, because of my head injury and subsequent memory loss. I was in no condition legally to consent to a blood tox. None of these things raise a red flag for you?
It makes a giant red flag that there is probable cause that you DID commit a crime. Finding people who are drunk or otherwise intoxicated who can't remember how they got there is far from uncommon.

Understand there's no obligation for you to be "given your rights." Miranda only applies to questioning once you are taken into custody. Any interaction between you and the police prior to being placed in custody needs no such warning. It sounds likely they didn't do any such questioning. Furhter, Pennsylvania's implied consent law means you've agreed by getting your license to getting tested when you are arrested for drunk driving. NO warning need be given to you prior to this testing. The only warning required in Pennsylvana is if you try to refuse, the officer is required to tell you that you'll lose your license if you refuse.

Unless they hold you in jail, there's no requirement for an immediate arraignment. In fact, they don't have to even do much at that point. Typically, you'll go up before the duty magistrate and issue you a bunch of papers. This will include an order to return to for your preliminary hearing/preliminary arraignment. If you haven't yet been mug shot and fingerprinted, that will happen then. A formal bail will be set (most likely ROR again or on your own recognizance). The DA will provide evidence that there was probable cause for the arrest and once that is done you will be set for the real arraignment in common pleas.

It would behoove you to have a lawyer. It is not a slam dunk. Furhter any immediately challenges and/or plea bargainly is usually done just prior or at the preliminary hearing. It would well behoove you to have an attorney BEFORE THEN for your best cases.

This is far from a slam dunk despite what you thnk (and why you think any of this given the fact you admit you can't remember is beyond me). The lawyer will look independently at the witnesses in a dispasionate and legally expert manner as to wheher the stop was valid (since you were already parked, it's a consensual stop and the cops are free to ask you questions), there was probable cause for the arrest, what the evidence and observations that support the charge were, etc...
 

CTU

Meddlesome Priestess
It's a bogus arrest for several reasons. One, I wasn't driving the vehicle based on 3 witness testimony, I had a significant head injury which caused me to lose my memory so I can't say I was given my rights, processed, or arraigned as I have no paperwork of the arrest, because of my head injury and subsequent memory loss, I was in no condition legally to consent to a blood tox. None of these things raise a red flag for you?
None of this means the arrest was "bogus".

Your husband was there, yes? What's HIS version? He's explained to the police that it was actually him driving, right?

If I may be so bold, it reads like you're both trying to make it a case of "they can't prove who was driving if we tell them two different stories ... so we both get off".
 

HighwayMan

Super Secret Senior Member
It's a bogus arrest for several reasons.
Not at all.

I wasn't driving the vehicle based on 3 witness testimony
And a husband who said you were. :rolleyes:

I had a significant head injury which caused me to lose my memory so I can't say I was given my rights, processed, or arraigned as I have no paperwork of the arrest, because of my head injury and subsequent memory loss...
So then how do you know you were arrested?
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top