Probable cause for arrest?

[chrissielynn528]

I am from New York.

I was arrested in May of this year on a DWI charge and I am currently going through the court processes, unfortunately with what I feel is a less than adequate lawyer.

My question is this:

Is a tip received in a phone call reason enough for the police to be WAITING AT MY APARTMENT for me?

Apparently, when I got in my car to leave, someone claimed to have seen me back into another vehicle in the parking lot, and then called the police, giving them my license plate number.

When I arrived at my home, there were two police cars waiting for me who came to ask where I was coming from and if I remembered hitting anything. The took a photo of my back bumper which had a scratch on it (could have been a thousand years old, I back into my dumpster all the time)! And the second officer on the scene began asking me about my drinking and giving me field sobriety tests.

I was issued a ticket for "leaving the scene of an accident involving property damage" and also a DWI. The leaving the scene ticket is in another town, where the violation supposedly occurred.

I asked for a supporting deposition for that ticket, and it said only that "two females" reported the incident. There names were not given, the officer who "issued" that ticket, never saw me personally commit any crime, and the officers at my house were only there because of this call.

If the "two females" had given their names, would that be on the deposition? And if they had or hadn't... is that probable cause for arrest?

No one who owned the apparent vehicle that I supposedly hit has come forward in the last 6 months saying they had property damage to their vehicle.

Without property damage, beyond the scratches on my car which I never admitted to being from that evening, how is this probable cause?

 

[HomeGuru]

I am from New York.

I was arrested in May of this year on a DWI charge and I am currently going through the court processes, unfortunately with what I feel is a less than adequate lawyer.

My question is this:

Is a tip received in a phone call reason enough for the police to be WAITING AT MY APARTMENT for me?


*A: yes it is.


############

Apparently, when I got in my car to leave, someone claimed to have seen me back into another vehicle in the parking lot, and then called the police, giving them my license plate number.

When I arrived at my home, there were two police cars waiting for me who came to ask where I was coming from and if I remembered hitting anything. The took a photo of my back bumper which had a scratch on it (could have been a thousand years old, I back into my dumpster all the time)! And the second officer on the scene began asking me about my drinking and giving me field sobriety tests.

I was issued a ticket for "leaving the scene of an accident involving property damage" and also a DWI. The leaving the scene ticket is in another town, where the violation supposedly occurred.

I asked for a supporting deposition for that ticket, and it said only that "two females" reported the incident. There names were not given, the officer who "issued" that ticket, never saw me personally commit any crime, and the officers at my house were only there because of this call.

If the "two females" had given their names, would that be on the deposition? And if they had or hadn't... is that probable cause for arrest?

No one who owned the apparent vehicle that I supposedly hit has come forward in the last 6 months saying they had property damage to their vehicle.

Without property damage, beyond the scratches on my car which I never admitted to being from that evening, how is this probable cause?

**A: what is your police record like?

 

[chrissielynn528]

This is my first offense ever, my record is completely clean.

I've had one speeding ticket a few years back, but never any arrests.

I am a video journalist and I need my license for my job (essentially a mobile reporter, I actually go out and cover these sorts of things for work all the time).

My lawyer is in the process of working out a deal with the DA, who have offered a DWAI plea of guilty if I plead guilty to the leaving the scene.

But, I have yet to receive a court date for that ticket (different town as I mentioned)... and I have been driving on the DL at my job with a hardship privilege for months.

 

[tranquility]

Is a tip received in a phone call reason enough for the police to be WAITING AT MY APARTMENT for me?

The police can do what they want with their time.

When I arrived at my home, there were two police cars waiting for me who came to ask where I was coming from and if I remembered hitting anything. The took a photo of my back bumper which had a scratch on it (could have been a thousand years old, I back into my dumpster all the time)! And the second officer on the scene began asking me about my drinking and giving me field sobriety tests.

They are free to ask questions and, if the car is in a public place, to take pictures. The FST would probably require some probable cause or reasonable suspicion. This seems like it may have been developed by this time.

I was issued a ticket for "leaving the scene of an accident involving property damage" and also a DWI. The leaving the scene ticket is in another town, where the violation supposedly occurred

DWI I can see, but the leaving the scene was not in their presence and I don't see how they can issue a citation. Still, some states have statutory exeptions to the "in the presence" black letter law requirement for an arrest and that may apply. Even if it didn't, the only difference is procedural and would make no difference to the eventual result.

I asked for a supporting deposition for that ticket, and it said only that "two females" reported the incident. There names were not given, the officer who "issued" that ticket, never saw me personally commit any crime, and the officers at my house were only there because of this call.

I agree the leaving ticket is suspect (depending on the arrest statutes), but not the DWI one.

A report with some corroberation is probable cause for an arrest. However, to arrest without going for a warrant first(for the leaving crime) seems problematic not for probable cause issues but for "in the presence" issues. Unless it was the reporter(s) who did a citizen's arrest where you were taken into custody (cited and released) on their order, there may be some civil liability. Still, what result? It does not change the crime issue, it's just the police (If the DWI were removed from the equation.) may have some civil liability for any damages caused. Since there were none, you have no civil case.

The whole thing seems good to me. As to if you would be found guilty, that is another question. But, if there is enough to arrest and charge, even if you didn't say anything incriminating, I think there is. It might be a weak case if nothing more, but weak is not non-existent.

 

[lenny71]

You need a good attorney. Two witnesses of a hit and run is a pretty good case for the DA. Their testimony and the fact they you were arrested for DWI via their "tip" is a hard case to break. I would try to make a deal with the DA, though he has the deck stacked in his favor. I would not go to a jury trial. Best bet is plea bargain. DWI hit and run has some serious penalties...

I think the poster 'tranquilty' has not been near a court room in the last 5 years...

 

[garrula lingua]

In my experience, those 'tips' usually came from off-duty cops.
They make great witnesses.

If the witnesses 'eyeballed' you and gave a positive ID, (they usually drive the wits to the location of the suspect and get a positive or negative ID before they proceed) then, the hit and run and the DUI will be easy to prove.

I think you have major problems.

You need a criminal defense lawyer who has hefty DUI experience.

 

[chrissielynn528]

I had my 4th court appearance last night, and the DA would only agree to reduce the DWI to a DWAI if I pled guilty to the leaving the scene of an accident.

The only thing is that occurred in another city (as I said before) and I have yet to get a court date for that offense, but will be pleading guilty as a condition of my DWAI arrangement.

The judge said that leaving the scene with property damage in New York is a violation, not a crime.

My question is what I would realistically expect from the guilty verdict with this pending ticket considering no one has come forward with any "property damage" amounting to any monetary value whatsoever...

As its a violation, I expect jail time is out of the question, and it would more likely be a large fine and points on my record?

I tapped the bumper of another vehicle, no public/city property was damaged.