Is the arrest valid

[PayrollHRGuy]

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

So you got drunk in a WalMart parking lot and just drove around the lot? Go with that defense I'm sure it will all work out for you.

 

[quincy]

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

The location is not as important as the offense for which you were charged.

There could be legitimate defenses available to you but errors on a citation generally can be amended by the officer.

You should have an attorney, who will investigate the stop, the field tests, the arrest, and the breathalyzer/BAC results. These are the areas most likely to yield the best defenses to a DUI.

 

[quincy]

Here is a link to The Advocate, a DUI Manual published by the Kentucky Department of Public Advocacy. See Page 49, Arrest, and Page 50, The Uniform Citation.

https://dpa.ky.gov/Public_Defender_Resources/Documents/2019 DUI MANUAL 2019 (FINAL).pdf

 

[Tim s.]

Thanks it was a family member not me I don't drink and drive and my brother tn law says he wasn't they had him do a breathalyzer at Walmart but wouldn't tell him results and arrested him and he was taken to hospital for a blood test

 

[quincy]

Thanks it was a family member not me I don't drink and drive and my brother tn law says he wasn't they had him do a breathalyzer at Walmart but wouldn't tell him results and arrested him and he was taken to hospital for a blood test

Your brother-in-law should hire an attorney to assist him with his defense. The citation on its own is not likely to help him.

 

[Mass_Shyster]

So you got drunk in a WalMart parking lot and just drove around the lot? Go with that defense I'm sure it will all work out for you.

In Mass, that's perfectly legal, as long as WalMart is closed at the time.

 

[PayrollHRGuy]

In Mass, that's perfectly legal, as long as WalMart is closed at the time.

It may be legal in a lot of states BUT I doubt a judge or jury is going to believe that happened.

 

[PayrollHRGuy]

Thanks it was a family member not me I don't drink and drive and my brother tn law says he wasn't they had him do a breathalyzer at Walmart but wouldn't tell him results and arrested him and he was taken to hospital for a blood test

So YOU don't really know where your B-I-L was when he was driving.

Tell him to get a lawyer and to stop talking to people about it.

And you should certainly quit talking about it.

 

[quincy]

Here is a link to Kentucky DUI laws, with some new laws that went into effect in July of this year:

https://law.justia.com/codes/kentucky/2019/chapter-189a/