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#1
10-31-2009, 12:42 PM
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set upWhat is the name of your state (only U.S. law)? New Mexico. I was recently pulled over and arrested for DWI. Later I found out that the officer watched me walk out of the bar, and believed that I was drunk, but waited for me to drive off. He then pulled me over and arrested me. Is this legal? |
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#2
10-31-2009, 12:54 PM
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| What reason did he give for pulling you over? He would need a valid reason for that. Walking out of a bar would not be sufficient cause. Last edited by lenny71; 10-31-2009 at 12:56 PM. |
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#3
10-31-2009, 01:01 PM
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If he in fact KNEW you were intoxicated and allowed you to drive and someone got hurt.... he might have some liability. However, he has NO obligation to prevent you from doing something stupid.
__________________ There are at least 17 lawsuits (!!) pending in various courts, including the US Supreme Court, asking if Obama is a natural born citizen (as req'd by Art II, Sec 1 of the US Constitution). Why has he spent over $1.35M in legal fees to block disclosure... rather than spend $12 for a VALID birth cert to settle the matter? The 'certificate' he has presented doesn't qualify to get a drivers license, wouldn't allow a child to qualify for Little League, or for a real citizen to get a US passport! |
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#4
10-31-2009, 01:06 PM
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#5
10-31-2009, 01:08 PM
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#6
10-31-2009, 01:16 PM
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| If the case gets prosecuted your attorney will have an opportunity to make a motion to suppress the evidence of the DUI based upon a lack of reasonable suspicion to detain you. It likely will not work, but very often that is all you got. Apparently, since you were arrested for DUI, the officer's observations about your level of inebriation had some merit. Oh,and, yes, we CAN see a car in front of another one - especially if you are weaving. Unless the car between you two was a semi and trailer, he could almost certainly have sufficient observation of your vehicle to note it weaving to one side or the other. No, he should not have let an obviously inebriated person get into a car and drive away as that put the officer and his agency in to a very untenable position of liability had something happened when he later tried to stop you. But, his actions were not unlawful. Consult legal counsel. - 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 |
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#7
10-31-2009, 01:20 PM
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__________________ There are at least 17 lawsuits (!!) pending in various courts, including the US Supreme Court, asking if Obama is a natural born citizen (as req'd by Art II, Sec 1 of the US Constitution). Why has he spent over $1.35M in legal fees to block disclosure... rather than spend $12 for a VALID birth cert to settle the matter? The 'certificate' he has presented doesn't qualify to get a drivers license, wouldn't allow a child to qualify for Little League, or for a real citizen to get a US passport! |
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