chrissielynn528
Junior Member
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?
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?