DUI arrest in my own house?
So I got arrested in my own house for a possible DUI. I did not get pulled over nor did the police officer witness me operating my vehicle. The only case that I could possibly see is careless driving for running over a neighbors lawn. The cops were called for another reason the neighbor came to my h...
So I got arrested in my own house for a possible DUI. I did not get pulled over nor did the police officer witness me operating my vehicle. The only case that I could possibly see is careless driving for running over a neighbors lawn. The cops were called for another reason the neighbor came to my house with a gun and my father pulled out his took his gun and called the cops. I was arrested for DUI but the officer couldn't prove that I was intoxicated while operating a motor vehicle and didn't even read me my rights.Do you think I have a case?
If what you say is true, then you should win. However, don’t assume that the prosecutor can’t prove that you were intoxicated while operating a motor vehicle. Did the officer give you a breathalyzer test or take your blood? If so, then that may indicate you were intoxicated when you were arrested. If (1) you were intoxicated when you were arrested, and (2) you were seen operating a motor vehicle on the public streets shortly prior to your arrest, a trier of fact could rationally conclude that you were intoxicated when you were operating the motor vehicle. You could always say that you commenced drinking when you came home, but the trier of fact doesn’t have to believe you.
The fact that the officer didn’t read you your rights is irrelevant unless the prosecution seeks to use statements you made after you were arrested. The failure to give a Miranda warning is not a "get out of jail free" card — it just prevents the prosecution from using statements you made after you were detained and before you were read your rights.
Are you intoxicated currently? YOU even stated, "The only case that I could possibly see is careless driving for running over a neighbors lawn."!!! HINT HINT….driving!
No, you have no case!
A. the crime was committed in a vehicle and you were likely underage drinking (?), not drinking at home, yet blowing over your legal limit. All signs point to DUI.
B. They don’t have to read you your rights unless they want information from you, and they dont have to read you your rights for a DUI.
in some States, access to a car, the keys, while drunk is enough.
You drove over the neighbor’s lawn. To me that says, driving while intoxicated, reckless driving, or vandalism.
Take your pick.
If the officer didn’t read you your Miranda rights, he/she violated your civil rights, so you can sue in court if you wanted to.
If you have a good lawyer, you have a good case. You could have had the drink after you got inside, you know you needed something to calm your nerves, what with all the excitement and the guns and lord help I think I need a drink. lol
i dont think you have a case either. the cops arent the good guys any more. weather you did something wrong or not, ur still screwed. they dont have to read you your rights any more buddy. didnt you know that? miranda rights are a thing of the past. they will probably let go of the DUI based on lack of evidence but rest assured they will have your butt for something. its revenue. and ur lucky you didnt get tased. be careful man, its a different world out there.
This is real simple – if you were driving a car while drunk then the DUI is valid.
you for sure have a case . The cop does not not even have a case how can he prove that you did not drink when you got home. Failure to stay between lines does not constitute a dui charge. This is a really weak case against you and you can easily get this case dismissed with a good dui lawyer . I would give one a call asap
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