URGENT HELP PLEASE. I refuse to believe that this is legal....

[Isis1]

I understand that I didnt plan on taking the law into my own hands I was simply asking for the best way for her to go about dealing with things as I am helping her with the case.


also to the other comments (I dont feel like quoting all of them)
I DO KNOW what happened and I do know that she didnt "go to McDonalds to get a hamburger and then get stopped before she could leave"... I know this because I got a phone call from her (while sitting in her car calmly) asking me to come get her.. apparently about 10 min before she was arrested. My family and I (mother in law included.. especially considering the fact that she lives with me) are extremely close and if she truly was at fault she would tell me the full story.. she has never lied to me about anything like that to date even when it has dissapointed me (not talking about law... this is her first offense ever in her life with literally anything). So no im sorry but I dont buy the fact that she is lying to me, and im certainly not lying because what good does it do me or her to convince random people on a forum of her case? none. I am simply telling you what I know to be true and asking for the best way for her (us) to go about dealing with it.

as to the note about the citizens arrest... I am aware of what a citizens arrest is- HOWEVER it is NOT legal to make a citizens arrest in the state of WA. In fact there are strict laws against it. anyway though that really doesnt have much to do with the DUI.


Thanks for the advice I have recieved... and thanks for the advice on getting the gun back

it doesn't have to be lying. she could quite possibly really believe things occured the way she remembers in her altered state. nothing wrong with that. however, she was caught. she drove. she stopped. someone noticed her intoxicated state and informed authorities.

as for getting the gun back, she can request the release at the hearing.

 

[HighwayMan]

HOWEVER it is NOT legal to make a citizens arrest in the state of WA. In fact there are strict laws against it.

That is not true.

It absolutely is legal in Washington. What statute are you referring to which prohibits these?

 

[NellieBly]

In some states, merely sitting behind the wheel would constitute DUI. Not sure about Washington.

 

[Ohiogal]

I guess I mis-worded my original post... Witnesses came quite some time after she stopped. Witness report clearly states that.

I am not denying that the block she drove was certainly unsafe, and I am certainly not someone who thinks driving while intoxicated is OK. I am simply questioning legal right and reason to prosecute a DUI when no officer nor witness saw anyone driving. In my opinion based on the evidence and the facts this is a case of public intoxication, not driving while intoxicated.

again I am not denying that she drove a block while most likely over the limit... but where is the proof? witnesses saw nobody acctually driving.. and it seems very strange to me that there was no sobriety test of any sort conducted... and this is fact because I have paperwork to prove that they didnt do any tests.

So your mother in law should have been given more opportunity to kill someone before anyone acted? If you want to be ticked at someone, be ticked at the stupidity your relative showed in driving while drunk.

 

[You Are Guilty]

So, MIL is just innocently sitting there in her parked vehicle at Mc'Ds and some strangers just randomly decide to restrain her?

This isn't her car, is it?
http://www.nypost.com/rw/nypost/2011/03/05/news/photos_stories/mcdonalds_crash--300x300.jpg

 

[justalayman]

as to the note about the citizens arrest... I am aware of what a citizens arrest is- HOWEVER it is NOT legal to make a citizens arrest in the state of WA. In fact there are strict laws against it. anyway though that really doesnt have much to do with the DUI.

just in case you didn't want to take the other poster's word:

www.dol.wa.gov/business/securityguards/docs/citizenarrest1.pdf

Citizen Arrest in Washington State
Under Washington law, a private person can conduct a citizen’s arrest for a misdemeanor if the misdemeanor: (1) was committed in the citizen’s presence and (2) constituted a breach of the peace. State v. Gonzales, 24 Wn. App. 437, 439, 604 P.2d 168 (1979); Guijosa v. Wal-Mart Stores, 101 Wn. App. 777, 791, 6 P.3d 583 (2000).
A person can also conduct a citizen’s arrest for felonies. See State v. Malone, 106 Wn.2d 607, 724 P.2d 364 at FN1 (1986) citing State v. Miller, 103 Wn.2d 792, 698 P.2d 554 (1985) and State v. Gonzales, 24 Wn. App. 437, 604 P.2d 168 (1979).

 

[asiny]

What did you mother say to the police when they arrived.. Did the police, without asking her ANY questions, simply arrest and book her? Did she not say anything to the police during her entire time with them?

 

[mustangapril]

In some states, merely sitting behind the wheel would constitute DUI. Not sure about Washington.

I've lived in Washington for 34 years and it is true in Washington. Sitting behind the wheel intoxicated is enough for a DUI.

If she was drunk enough that strangers could see it, then how would she not know she was too drunk to drive until she drove? If she was really drunk she would not be able to make that decision. She drove. Illegal. She MIGHT be able to get off a tad easier if, during her trial, her "good deed" was brought up but it depends on the judge. I've gone to court in Spokane and sometimes there are judges who give you the benefit of the doubt but there are also hard core ones who really don't care what the excuse is.

Chance it. get a good attorney and go to court. Make sure you are available to be a character witness and see what happens.

 

[Gibson]

Sorry to read about your situation. The part that kills me is that your MIL was trying to get help in order to make it back home safely. Best of luck.