Home     Law Advice     Insurance Advice     Community    
Go Back   FreeAdvice Legal Forum > CRIMINAL LAW & PROCEDURE > Drunk Driving / DUI / DWI
Reload this Page Ca dui

Powered by Attorney Pages


  Find An Attorney In Your Area    
 

Reply
 
LinkBack Thread Tools Rate Thread Display Modes
  #1  
Old 01-14-2009, 02:16 PM
Junior Member
  
Join Date: Jan 2009
Posts: 1

Ca dui

What is the name of your state (only U.S. law)? CA

my friend was just arrested for a DUI in california. He had been driving and his tire blew out. He safely stopped on the side of the road. He was in the car, not driving, waiting for a tow truck when a police officer stopped to see what was going on. The police officer then arrested him and impounded the car. Question: Could a police officer technically arrest someone who isn't driving a car for drunk driving??

thanks for your advice.
  #2  
Old 01-14-2009, 02:18 PM
Senior Member
  
Join Date: Jan 2005
Posts: 21,685
Quote:
Originally Posted by kto14 View Post
What is the name of your state (only U.S. law)? CA

my friend was just arrested for a DUI in california. He had been driving and his tire blew out. He safely stopped on the side of the road. He was in the car, not driving, waiting for a tow truck when a police officer stopped to see what was going on. The police officer then arrested him and impounded the car. Question: Could a police officer technically arrest someone who isn't driving a car for drunk driving??

thanks for your advice.
Question: Could a police officer technically arrest someone who isn't driving a car for drunk driving??

Answer: Yes
__________________
*
*
The information I gave is based on my 7 seconds of research on Google. Review the information yourself to make an informed decision.

Communication is KEY - 10 mins of talking now can save you months of headaches later!

Masterfully stating the obvious to the oblivious! (Thanks SP!)

Tell it like it is! When all else fails, make up a statistic!

Gender references shall apply equally to the other gender. I will not correct gender mistakes (unless I want to)
  #3  
Old 01-14-2009, 03:54 PM
Senior Member
  
Join Date: Jan 2005
Location: North Florida
Posts: 1,625
The cop does not have to witness him driving the vehicle to arrest him for DUI, nor watch a murder being carried out in order to arrest, nor watch an accident occur to cite a driver.
__________________
"I only had a couple of drinks..... there's no way I was impaired!."
  #4  
Old 01-14-2009, 07:01 PM
Senior Member
  
Join Date: Feb 2003
Location: California
Posts: 18,454
Send a message via AIM to CdwJava Send a message via Yahoo to CdwJava
Quote:
Originally Posted by kto14 View Post
What is the name of your state (only U.S. law)? CA

my friend was just arrested for a DUI in california. He had been driving and his tire blew out. He safely stopped on the side of the road. He was in the car, not driving, waiting for a tow truck when a police officer stopped to see what was going on. The police officer then arrested him and impounded the car. Question: Could a police officer technically arrest someone who isn't driving a car for drunk driving??

thanks for your advice.
Yes, he can be arrested based upon the scenario you state. This is an arguable exception to the observed driving requirement of the law.

Now, if he can raise reasonable doubt that he was not driving the car or had consumed alcohol AFTER the collision, then he might have a leg to stand on. But, is he really going to take the stand and commit perjury?

- Carl
__________________
A Nor Cal Cop Sergeant

"Make mine a double mocha ...
And a croissant!"

He Who Kneels Before God
Can Stand Before Anyone

....author unknown
  #5  
Old 01-15-2009, 07:33 AM
Senior Member
  
Join Date: Jun 2005
Posts: 2,425
If the vehicle was obstructing the road, in any manner, then he can be charged w/DUI.

Carl, what's up ???

Have you begun to encourage perjury ?

Why have you decided to post defenses which have nothing to do with the question ???

Your Prosecutor really ticks you off, doesn't s/he ??

Are you that jaded with your job ?

Go to law school, Carl. You'd be a great lawyer.
  #6  
Old 01-15-2009, 06:12 PM
Senior Member
  
Join Date: Feb 2003
Location: California
Posts: 18,454
Send a message via AIM to CdwJava Send a message via Yahoo to CdwJava
No, not encouraging perjury, trying to discourage it. I just thought I'd post the remote possibilities before someone else pops in to pose the inevitable "what if" hypothetical which has been occurring with some frequency recently.

Just getting tired and cranky ... too many working days. And, yeah, my DA has again given me good cause to be cynical.

- Carl
__________________
A Nor Cal Cop Sergeant

"Make mine a double mocha ...
And a croissant!"

He Who Kneels Before God
Can Stand Before Anyone

....author unknown
  #7  
Old 01-15-2009, 09:19 PM
Senior Member
  
Join Date: Jun 2005
Posts: 2,425
You're not cranky, Carl - you're a sweetheart.

Please, go to law school.
You'd bring up the State Bar's average IQ by double digits, and you'd do one heck of a great job.

Heck, you're already a better lawyer than most supposed 'seasoned' attorneys I've known !
When the *&!@ are you ever wrong ???

You're the most accurate and consistently patient advisor; you have a calling to help people - either as a mediator or a lawyer (I heartily vote for lawyer - that field needs more humanity).
  #8  
Old 01-15-2009, 10:02 PM
Member
  
Join Date: Jan 2007
Location: Mojave Desert, CA
Posts: 656
Quote:
Originally Posted by garrula lingua View Post
You're not cranky, Carl - you're a sweetheart.

Please, go to law school.
You'd bring up the State Bar's average IQ by double digits, and you'd do one heck of a great job.

Heck, you're already a better lawyer than most supposed 'seasoned' attorneys I've known !
When the *&!@ are you ever wrong ???

You're the most accurate and consistently patient advisor; you have a calling to help people - either as a mediator or a lawyer (I heartily vote for lawyer - that field needs more humanity).

Geez Carl... don't make any sudden turns.... you might break someone's neck!!
  #9  
Old 01-15-2009, 10:09 PM
Senior Member
  
Join Date: Feb 2003
Location: California
Posts: 18,454
Send a message via AIM to CdwJava Send a message via Yahoo to CdwJava
Sadly, I am probably too old for an investment in law school to pay off ... though, I have considered it as a retirement "second" profession. I have found a couple of people who have done the same thing in retirement, so, maybe.

But, that cost! Woof!

- Carl
__________________
A Nor Cal Cop Sergeant

"Make mine a double mocha ...
And a croissant!"

He Who Kneels Before God
Can Stand Before Anyone

....author unknown
  #10  
Old 01-15-2009, 10:21 PM
Member
  
Join Date: Oct 2007
Posts: 632
Quote:
Originally Posted by CdwJava View Post
Sadly, I am probably too old for an investment in law school to pay off ... though, I have considered it as a retirement "second" profession. I have found a couple of people who have done the same thing in retirement, so, maybe.

But, that cost! Woof!

- Carl
you don't have to go to law school to take the bar correct?
  #11  
Old 01-15-2009, 10:31 PM
Senior Member
  
Join Date: Feb 2003
Location: California
Posts: 18,454
Send a message via AIM to CdwJava Send a message via Yahoo to CdwJava
Quote:
Originally Posted by paguy88 View Post
you don't have to go to law school to take the bar correct?
Well, technically, no ... but, I would have to be in law school and register as a law student, I believe.

- Carl
__________________
A Nor Cal Cop Sergeant

"Make mine a double mocha ...
And a croissant!"

He Who Kneels Before God
Can Stand Before Anyone

....author unknown
Reply

« Previous Thread | Next Thread »


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Linear Mode Linear Mode
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts
BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Forum Jump

All times are GMT -5. The time now is 04:26 PM.

Contact Us - FreeAdvice - Archive - Privacy Statement - Top

IMPORTANT NOTICE
THE VIEWS EXPRESSED ON THIS PAGE WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM. Thousands of professionally prepared and reviewed questions and answers in 130 legal categories are to be found at the Question and Answer pages at FreeAdvice.com.
FreeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding. Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum should not be relied upon and is not a substitute for advice from an attorney licensed in your jurisdiction who you have retained to represent you. To locate an attorney visit AttorneyPages.com. Copyright since 1995 by Advice Company. All Rights Reserved.