does the person can be charged with DUI while at home?

[softvirgo]

What is the name of your state (only U.S. law)? Caifornia (Placer County)

My brother was charged with third offense dui. he was sitting inside the home and the officer came to ring the bell and start asking questions. Here are some facts

1) there was no video camera to show my brother was driving

2) police did not find him behind wheel

3) police just have witness to say my brother was driving and based upon his testimny police came inside the house to investigate

4) he was not given any field sobriety test

5) he was first handcuffed and then given breathlyzer

6) they did not read his miranda rights

I know it all depends upon circumstances. But do you guys see something going wrong in this scenario.

[CdwJava]

Originally Posted by softvirgo

1) there was no video camera to show my brother was driving

Not needed.

Do they have a witness who places him behind the wheel? Was the vehicle involved in a crash and registered to him?

They can try and make the case on circumstances, not JUST on observed driving.

2) police did not find him behind wheel

Not a legal requirement.

3) police just have witness to say my brother was driving and based upon his testimny police came inside the house to investigate

The witness is enough to place him behind the wheel. After that, they ARE allowed to investigate.

4) he was not given any field sobriety test

Not required. If they can make the case without the FSTs, so be it. His defense attorney can try and raise reasonable doubt based on no FSTs or the fact he was at home - that's his job. No one here can guess as to how that will go over because we don't know the facts and the case the prosecution has built.

5) he was first handcuffed and then given breathlyzer

So, they have a chemical test. Not good for him.

6) they did not read his miranda rights

Not required.

Miranda is only required if they wish to introduce incriminating statements as evidence of guilt after he is under arrest.

As I recall from your previous posts, he 'fessed to the cops before he was arrested that he had been driving and had been drinking.

I know it all depends upon circumstances. But do you guys see something going wrong in this scenario.

Nope.

I see potential holes that a good defense attorney MIGHT be able to exploit, but it all depends on the details and the facts.

The bottom line here is that no one here can give you the definitive answer you seem to seek. We cannot say whether he will be convicted or not because we do not know all the details. I can close my eyes and make up details that can make the case stronger or weaker, but they are simply guesses and hypothesis.

- Carl

[nonamer]

I see many problems with the scenario. He probably should have never answered the door.

[CdwJava]

Originally Posted by nonamer

I see many problems with the scenario. He probably should have never answered the door.

Not answering the door would have been one way to pretty much prevent an arrest for the event. Unfortunately for him, he did answer the door, and he also apparently admitted to drinking and driving ... oops!

- Carl

[softvirgo]

drinking and driving.

Carl as you said that you saw some potential holes in this case which defense attorney can successfully exploit. if you do not mind can you shed some light on that just an idea what those could be. If not here can you please send me message.

Also another question for dmv hearing

This is for california(sacramento). My brother hired a DUi lawyer and they were supposed to get dmv hearing date on friday. There is already an open case with dmv which my brother started before hiring lawyer so that 10 days deadline should not be over.

he called lawyer's assistance today and they said they asked for DMV hearing in person and they are so backlog that the day which he can get is only after 30 days and they do not set up dmv hearing dates if it is not under 30 days. They requested for In person hearing date.

I am not sure if my lawyer is lying because as he has not paid him full retainer as of now .

What you think lawyer is lying to him or what?

[HomeGuru]

Originally Posted by softvirgo

drinking and driving.

Carl as you said that you saw some potential holes in this case which defense attorney can successfully exploit. if you do not mind can you shed some light on that just an idea what those could be. If not here can you please send me message.

Also another question for dmv hearing

This is for california(sacramento). My brother hired a DUi lawyer and they were supposed to get dmv hearing date on friday. There is already an open case with dmv which my brother started before hiring lawyer so that 10 days deadline should not be over.

he called lawyer's assistance today and they said they asked for DMV hearing in person and they are so backlog that the day which he can get is only after 30 days and they do not set up dmv hearing dates if it is not under 30 days. They requested for In person hearing date.

I am not sure if my lawyer is lying because as he has not paid him full retainer as of now .

What you think lawyer is lying to him or what?

**A: is it your lawyer or his?

[softvirgo]

he is my younger brother and I am trying to do everything for him whatever is possible

[HomeGuru]

Originally Posted by softvirgo

he is my younger brother and I am trying to do everything for him whatever is possible

**A: then why did you state " I'm not sure if my lawyer is lying**************...."

[softvirgo]

"I am not sure if his lawyer is lying_____________________"

Also

I am not sure are you really the senior member of this forum?

[HomeGuru]

Originally Posted by softvirgo

"I am not sure if his lawyer is lying_____________________"

Also

I am not sure are you really the senior member of this forum?

**A: yes I am. I win court cases on the little technical stuff. You just lost yours.

[softvirgo]

can you give some much required advice about how should we proceed. Is what the lawyer is saying about dmv stuff is correct?

Please suggest something

[seniorjudge]

I wonder where the urban legend about "you can't get arrested for drunk driving in your own driveway" started?

No one ever asks, "Can you be arrested for murder in your own house?"

[HomeGuru]

Originally Posted by seniorjudge

I wonder where the urban legend about "you can't get arrested for drunk driving in your own driveway" started?

No one ever asks, "Can you be arrested for murder in your own house?"

**A: it was Bigfoot that said those things.

[seniorjudge]

Originally Posted by softvirgo

can you give some much required advice about how should we proceed. Is what the lawyer is saying about dmv stuff is correct?

Please suggest something

You dissed a senior member.

Go away.

[softvirgo]

i thought senior members here are for giving good advice if possible as per there prior experiences. I am not sure whether he was a senior member or not.

Anyhow still thanks for your help