DUI and DWI Defences

[mayaalex]

Defenses Related to "Driving"
If you weren't actually driving a vehicle at the time of the alleged DUI or DWI offense, you can't be convicted of drunk driving. Most DUI and DWI cases start with a driver getting pulled over, so there usually isn't much argument over whether the defendant was actually driving.
Defenses Related to the Arrest
If the police officer did not have legal justification to stop your vehicle and/or arrest you in the first place - or if the officer failed to follow proper legal procedures during the arrest - any evidence gleaned from the traffic stop or the arrest might be deemed "inadmissible" and, therefore, kept out of a court case against you. This could leave the prosecution with no real case and the DUI or DWI charges against you could be dropped.

 

[Proserpina]

Defenses Related to "Driving"
If you weren't actually driving a vehicle at the time of the alleged DUI or DWI offense, you can't be convicted of drunk driving. Most DUI and DWI cases start with a driver getting pulled over, so there usually isn't much argument over whether the defendant was actually driving.
Defenses Related to the Arrest
If the police officer did not have legal justification to stop your vehicle and/or arrest you in the first place - or if the officer failed to follow proper legal procedures during the arrest - any evidence gleaned from the traffic stop or the arrest might be deemed "inadmissible" and, therefore, kept out of a court case against you. This could leave the prosecution with no real case and the DUI or DWI charges against you could be dropped.

And the point of your post is....what, exactly?

 

[quincy]

I am amazed at the profundity of what was posted by mayaalex. You can't be convicted of drunk driving if you are not driving. Who woulda thought?

 

[sandyclaus]

Defenses Related to "Driving"
If you weren't actually driving a vehicle at the time of the alleged DUI or DWI offense, you can't be convicted of drunk driving. Most DUI and DWI cases start with a driver getting pulled over, so there usually isn't much argument over whether the defendant was actually driving.
Defenses Related to the Arrest
If the police officer did not have legal justification to stop your vehicle and/or arrest you in the first place - or if the officer failed to follow proper legal procedures during the arrest - any evidence gleaned from the traffic stop or the arrest might be deemed "inadmissible" and, therefore, kept out of a court case against you. This could leave the prosecution with no real case and the DUI or DWI charges against you could be dropped.

Actually, that's not entirely true. In some jurisdictions, you only need to have control over the vehicle while being legally intoxicated. That could mean you have the keys readily accessible. You could even be in the passenger seat or back seat, and with those keys, you are in control of the vehicle.

Nice try, though. Good attempt at SPAM baiting, anyway.

 

[CdwJava]

Defenses Related to "Driving"
If you weren't actually driving a vehicle at the time of the alleged DUI or DWI offense, you can't be convicted of drunk driving. Most DUI and DWI cases start with a driver getting pulled over, so there usually isn't much argument over whether the defendant was actually driving.

This can be very state dependent. What state are you talking about? Do you have a question, or are you simply trying to make a very broad statement?

Yes, you CAN be arrested for DUI without actually being observed driving. And, in many states, no actual movement of the vehicle would be required for a DUI/DWI offense. So, your observation is not really all that accurate.

Defenses Related to the Arrest
If the police officer did not have legal justification to stop your vehicle and/or arrest you in the first place - or if the officer failed to follow proper legal procedures during the arrest - any evidence gleaned from the traffic stop or the arrest might be deemed "inadmissible" and, therefore, kept out of a court case against you. This could leave the prosecution with no real case and the DUI or DWI charges against you could be dropped.

Okay. Yeah, an unlawful arrest can result in the suppression of any evidence discovered as a result of that arrest. Though that's exceedingly rare.

Again, is there a question here?

 

[quincy]

This can be very state dependent. What state are you talking about? Do you have a question, or are you simply trying to make a very broad statement?

Yes, you CAN be arrested for DUI without actually being observed driving. And, in many states, no actual movement of the vehicle would be required for a DUI/DWI offense. So, your observation is not really all that accurate.


Okay. Yeah, an unlawful arrest can result in the suppression of any evidence discovered as a result of that arrest. Though that's exceedingly rare.

Again, is there a question here?

I don't think there is any point to the post and there was no question. But spam, as sandyclaus noted, will probably follow.

 

[Proserpina]

I am amazed at the profundity of what was posted by mayaalex. You can't be convicted of drunk driving if you are not driving. Who woulda thought?

I might be alone in this but when I saw "mayaalex", my brain decided it was actually "Maalox". Now I think about it, that might be more apt.

 

[OHRoadwarrior]

That's okay. I am watching Santa Claus play tackle football. As a child, I never imagined tv would go this far.

I might be alone in this but when I saw "mayaalex", my brain decided it was actually "Maalox". Now I think about it, that might be more apt.

 

[CdwJava]

That's okay. I am watching Santa Claus play tackle football. As a child, I never imagined tv would go this far.

That's okay ... in another thread on another site there's a Marine whose wife was arrested for DV and the wife is "transgender"! I'm still trying to wrap my head around that one!

 

[OHRoadwarrior]

That's okay ... in another thread on another site there's a Marine whose wife was arrested for DV and the wife is "transgender"! I'm still trying to wrap my head around that one!

I'm Dis. I am appalled at the bottom feeders in the military. That is not based on his sexual preference. It is based on his morals.

 

[quincy]

I'm Dis. I am appalled at the bottom feeders in the military. That is not based on his sexual preference. It is based on his morals.

The wife was arrested for domestic violence, not the Marine.

 

[Proserpina]

The wife was arrested for domestic violence, not the Marine.

\

And he may be saying bye bye to her for good - unless he goes with her...

 

[OHRoadwarrior]

The wife was arrested for domestic violence, not the Marine.

He is doing the I don't want to testify, I won't show up, I will ignore my command thing. On top of having taken the Marine Corp oath while marrying a foreign invader.

 

[quincy]

He is doing the I don't want to testify, I won't show up, I will ignore my command thing. On top of having taken the Marine Corp oath while marrying a foreign invader.

Oh, I was basing my comment strictly on what Carl had posted. I actually haven't visited the other site to read the thread. Not sure I want to.