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Ny state dwi no keys 200 yards from vehicle

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Driv3nx

Junior Member
What is the name of your state (only U.S. law)?

HI MY NAME IS ED,

I LIVE IN NY STATE AND ON FEB. 14TH 2011 ME AND MY GIRLFRIEND (HOLLY) DECIDED TO GO TO LAKE PLACID FOR A GET AWAY. WE WERE STAYING AT A HOTEL RITE DOWN THE ROAD FROM WHERE THE INCIDENT HAPPENED. WE WENT BOWLING FOR ABOUT 2 HOURS HAD A FEW BEERS AND WRAPED THINGS UP. ON THE WAY OUT TO THE CAR ME AND MY GIRLFRIEND GOT INTO AN ARGUEMENT. I HOPPED INTO THE DRIVERS SEAT AND SHE WAS IN THE PASSENGER. DID NOT START THE VEHICLE. KEYS WERE ACTUALLY IN HERE POSESSION AT THIS POINT. SHE GOT OUT OF THE CAR AND BEGAN WALKING DOWN THE STREET. I PROCEEDED TO FOLLOW HERE AND STOPPED ON THE STREET CORNER TO SPEAK TO HERE. DURING THE CONVERSATION THE BOWLING ALLEY OWNER CAME OVER AND ASKED IF EVERYTHING WAS OK I TOLD HIM TO MIND HIS OWN BUISNESS. HE STOOD THERE SO I BEGAN SPEEKING TO HIM IN A VULGAR TONE. HE TOLD HIS WIFE TO CALL THE POLICE AND I TOOK OFF RUNNING. I RAN ABOUT HALF A MILE AND BEGAN TO COME BACK TO THE SCENE. I WAS ABOUT 200 YARDS FROM MY CAR WHEN A POLICE OFFICER PICKED ME UP AND PUT ME IN HAND CUFFS NEVER SAID WHAT I WAS BEING ARRESTED FOR JUST TOLD ME TO HOP IN THE BACK. I SAT THERE FOR ABOUT AN HOUR BEFORE THEY CAME BACK AND TOLD ME I WAS BEING ARRESTED FOR HARRASMENT. THEY BRONG ME TO THE STATION WHERE I SAT FOR A GOOD 2 HOURS WHILE THEY SAID THEY WERE GETTING WITNESS STATEMENTS. I MADE A PHONE CALL TO MY G/F WHICH SHE TOLD ME THE COPS WERE FRIENDS WITH THE GUY THAT I WAS USING VULGAR LANGUAGE TO. THE OFFICERS CAME BACK AND TOLD ME I WAS BEING ARRESTED FOR DWI. THE KEYS WERE STILL IN MY GIRLFRIENDS POSSESION AND I WAS NOT IN THE VEHICLE THEY ARRESTED ME BASED OFF OF WITNESS STATEMENTS ( 2 OF THE WITNESSES I USED VULGAR LANGUAGE TO) WHAT IS THE LAW STATING YOU CAN ARREST DUE TO WITNESS STATEMENTS? WHAT IS THE LAW FOR DWI WHERE THEY CAN ARREST FOR NOT BEING IN THE VEHICLE WITH NO KEYS IN POSESSION? IS THIS LEGAL AND SHOULD I FIGHT IT?
 


Driv3nx

Junior Member
yes they did breath test me i blew a .12 they also charged me with felony auo which is crap. what does the law state about keys? the cop even took the keys from my g/f so they knew that i wasnt in possesion of them.
 

FlyingRon

Senior Member
You need a lawyer.
It's certainly legal to arrest you.
The fact that you were observed presumably trying to drive the car doesn't bode well for you, but a good lawyer can probably work with this. Self representation would be very bad for you.
 

dave33

Senior Member
Going from the facts listed in your post it would seem an attorney could work with this. Do not make any statements and retain an attorney.
 

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