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

Powered by Attorney Pages


  Find An Attorney In Your Area    
 

Reply
 
LinkBack Thread Tools Rate Thread Display Modes
  #1  
Old 10-20-2003, 11:44 PM
aziab
Guest
 
Posts: n/a

They arrested the person that wasn't even driving


What is the name of your state? pa

my friends and i were having a few beers after the football game. my girlfriend and her husband got into an argument and he took off on foot. after waiting for a while for him to return, my girlfriend ( who wasn't drinking ) went to find him in their truck which he uses on a normal basis. she went through the parking lot of the local bar to see if he was there. the bar was closed, so she headed back to my house. in the mean time, he returned to my house. when she was almost to my house, she turned the corner after being stopped at a stop sign. the roads were wet, and being that the tires on that truck were fairly bald the truck fishtailed and as she was trying to bring it back, she cut to hard and ended up hitting a parked car and then hit a tree. now remember, she was not drinking. when the cops came and we told them what had happened, they said that they had 4 witnesses that they had seen her husband just moments before driving through the bar parking lot. well, it wasn't him. it was her. after questioning us, they ended up arresting him!!! even though he wasn't driving. these witnesses obviously assummed it was him because it was the truck that he normally drove. Now he had been drinking, so they arrested him and charged him with dui. And to make matters worse, they never read him his miranda rights and they never told him that they were taking him to have a blood test and what the consequences were if he didn't do so.
Can someone please tell me how this is all possible, and where do we go from here.
  #2  
Old 10-29-2003, 04:13 AM
Member
 
Join Date: Jul 2002
Location: Northeastern Pennsylvania
Posts: 759
1. He needs an attorney.

2. Witness statements can be used to create PC for the arrest. If they have (multiple) witnesses stating they saw him driving - not that they saw his truck - then those witnesses can be used to place him in the vehicle prior to the accident. That, along with any corroborating evidence (after all.....we only get half the story here) is valid PC.

3. Unless he was interrogated post-custody, there is no legal requirement to Mirandize him. This is a common question....a result of inaccurate TV.

4. There is no legal requirement to provide him with his O'Connel warnings, which are the warnings and described consequences of refusing the BAC test. Under Pennsylvania's Implied Consent Law, anyone who is in actual physical control of a vehicle implies his consent to a chemical test if arrested for DUI. He only needs to be advised of the consequences if he refuses such testing.
__________________
When did they stop adding fluoride to the water, and start adding STUPID?
Reply



Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
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 03:24 PM.



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.

F
reeAdvice 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.