Arrested when standing next to girlfriends vehicle after random witness called police

[CdwJava]

There are a few things I don’t like about this.

Why would someone pull over in front of a police station to have a smoke?

And then back up.

Yeah, it's fishy ... which makes me wonder why they did it. Perhaps they were impaired.

And who, and where, is this witness?

Could be in the police report. It's not like the witness necessarily has to walk up and introduce themselves. Depending on the details of state law, they may not even NEED the witness after contact and the admission to driving.

And in general, Why is it assumed that a person who has had a few drinks, is guilty of DUI, when they are not even in the car?

Apparently the officer's observations led him to believe the OP was impaired. he was not arrested for standing outside of a car after having a few drinks, but for driving while impaired. One can be obviously impaired even standing around. Whether the officer's observations are sufficient to compel a DA to go to trial is something yet to be seen.

And about that, ( I don’t drink alcoholic beverages ) unless I was in the car, with the motor running (or at least behind the wheel ) how do I suddenly become guilty of being a drunk driver? Maybe public intox, but driving?

Public intoxication generally has a higher burden of proof. Again, depending on state law, they may not have had to SEE him driving only have a reasonable belief that he was driving.

With or without the witness being present, he and the girlfriend should have shut their mouths. And if the officer pushed the issue, sure, take the tests, while admitting nothing.
No confession no conviction.

That depends on the situation. I have made DUI arrests and prosecutions without an FST or an admission. Once there exists probable cause to make the arrest, the chemical test can be compelled. In this case, I wonder if one was compelled and what the results might show.

- Carl

 

[LSCAP]

LSCAP shut up, LSCAP shut up.

Okay, I was moralizing again.

Here’s what I believe happened.

The OP WAS driving. He sees the police car and panics. Tells foolish girlfriend to take blame as it would be her first, and his second offense.
He pulls over (oops in front of police station) and they jump out and pretend to be innocent. (that’s why door was still open)
Cop doesn’t buy it. He saw the car weaving, or whatever.
Time frame doesn’t allow receiving report from other motorist who saw him backing up, and cop pulling up behind him.
So, cop saw car weaving, or whatever, caught up with it after OP parked.

The weak part is still the witness, which might be why DA offered to make a deal.

 

[chuck_7777]

No I was not driving, if I was, I would not post here or go to trial with a hope that justice will prevail.

I don't know why she pulled over next to police station, she is not local so she didn't know perhaps, police station is not in sight when you are parked on the street (it's behind trees/bushes). Police arrived about 5-7 minutes after we stopped.

I did not submit any tests, even at police station and have maintained my right to silence.

Girlfriend will take the stand and say what she said in police report, that she was driving like it was.

 

[chuck_7777]

btw, I find it funny, how can one, swerve for 30 feet 'all over the road' when 30 feet is exactly length of 2 cars that she was driving (14ft in length)... gotta be a Michael Schumacher or something to pull that off.