Is the arrest valid

[Tim s.]

Pulled over and arrested for dui at Walmart but the citation has the location of arrest as the road past the Walmart is the arrest still valid

 

[Mass_Shyster]

It depends

 

[Tim s.]

Pulled over and arrested for dui at Walmart but the citation has the location of arrest as the road past the Walmart is the arrest still valid

 

[Mass_Shyster]

It depends

 

[Tim s.]

On what

 

[Taxing Matters]

Pulled over and arrested for dui at Walmart but the citation has the location of arrest as the road past the Walmart is the arrest still valid

In what state did the arrest take place? And how far away was the walmart where you were stopped from the road mentioned in the citation? Finally, are you sure the citation says the arrest was made on that road, or is that road the location where the officer observed you driving?

 

[FlyingRon]

The arrest is valid as long as the officer had probable cause that a crime was committed. I suspect what your asking is if anything can help you defeat the charges you are seeing as part of that arrest.

In most states, nothing on the actual citation makes a bit of difference. As TM points out it could be where he saw you driving, or it could just be an approximate street address. For example, if the WallyWorld as 3410 Major Highway and they just wrote 3400 Major HIghway, the latter is just a description of the area.

 

[Zigner]

You need an attorney, not an internet forum. Really.

 

[Mass_Shyster]

On what

details

 

[zddoodah]

Pulled over and arrested for dui at Walmart but the citation has the location of arrest as the road past the Walmart is the arrest still valid

I would imagine that the reference to "the road past the" store is where the violation occurred. Where you happened to have been arrested is of no relevance to anything.

The arrest is valid as long as the officer had probable cause that a crime was committed.

Exactly.

Even if there is some irregularity on the ticket, it won't invalidate the arrest. Consult with a local DUI lawyer.

 

[Zigner]

I would imagine that the reference to "the road past the" store is where the violation occurred. Where you happened to have been arrested is of no relevance to anything.



Exactly.

Even if there is some irregularity on the ticket, it won't invalidate the arrest. Consult with a local DUI lawyer.

Right. A defense of "I wasn't driving drunk on Main Street, I was driving drunk on Elm Road" just won't cut it.

 

[Mass_Shyster]

Right. A defense of "I wasn't driving drunk on Main Street, I was driving drunk on Elm Road" just won't cut it.

In some jurisdictions, a defense of "I wasn't driving drunk on Main Street, I was driving drunk in the Wal-Mart parking lot" could be successful, again, depending on details.

 

[Zigner]

In some jurisdictions, a defense of "I wasn't driving drunk on Main Street, I was driving drunk in the Wal-Mart parking lot" could be successful, again, depending on details.

Yep, depending on details.

 

[Just Blue]

I p.m.'ed the OP asking that he come back and post his state. "Usually" a pm sends a e-mail notice to the OP.

 

[Tim s.]

The state is kentucky and the offense did not occur on that road was never on the road