is there legal ground for 911 caller to assume a driver is under the influence in a parked car without seeing him drive...can you please answer both questions
First question: As for the elements of a DUI stop, the officer must have some particularized basis to detain you. I will describe this in more detail, but it is important to discuss the the three tiers of police-citizen encounters to give you perspective. The first tier involves a consensual police-citizen encounter. This involves the officer approaching a citizen and talking with him just like anyone other citizen might do. The officer may ask questions or even request consent to search. The officer does not need any reason to initiate this encounter. However, the citizen has a right to walk away and avoid contact and conversation with the officer just as the citizen has the right not to engage others that are not involved in law-enforcement. If during the tier one encounter, the officer discovers reasonable suspicion of a crime (or probable cause), he may move to a second tier stop. The second tier of encounter is called an investigative detention or Terry Stop. In a Terry Stop, the officer may detain you to investigate the reason for the stop. The officer must have probable cause or a reasonable suspicion that you are involved in criminal activity or about to be involved in criminal activity before he can restrict your liberty. If the officer gathers enough information (probable cause) to arrest you, he can execute a formal arrest (third tier encounter). Or, if the officer doe not gain enough information to support probable cause during the investigative detention (tier two), he must release you, and cannot delay the detention longer than necessary to satisfy his suspicions. Those are the elements of any stop. DUI stops are no different.
As for your second question, a 911 caller does not need any legal ground to assume anything. Citizens may may any assumptions that they wish about other citizens. The question is whether the officer has sufficient reason to rely on the citizen's assumptions in restricting your liberty. When a 911 caller makes a claim upon which a police officer relies in making a stop or detention, courts go through the three-tiered approach above. As we move through each tier, the courts scrutinize the caller's claims more thoroughly.
You are not going to be able to do this alone. It doesn't matter how much you educate yourself with your AVVO questions, the prosecutor will ask about something that you didn't anticipate to ask AVVO, and there you will be with nothing to say. If you can't afford a lawyer, ask for a public defender. Good luck to you!
If the answer is no, what is the number that indicates one is positive for alcohol? Also, if the number is not in the officers police report, (i.e. just that it was positive) does the prosecutor have access to the number? (All this is assuming t...
You sound pretty well-educated regarding this issue. Someone has apparently been giving you good advice. Any amount of alcohol will indicate positive. In Georgia, we play this silly game in calling the results positive or negative when there is an actual numerical result. However, the numerical result is not admissible in evidence. Many officers will include the alco-sensor results in their police reports, but some do not include the results. If the results are not included in the narrative (written report), you might want to get a copy of the DUI supplemental/driver impairment form. This section of the report may have the portable test results. Otherwise, you will have to rely on the officer's memory, or ask whether the officer carries a notebook with him/her. Officers often will have a notepad upon which they make notes to reference later when they write their reports. And yes, sometimes a low alco-sensor result will aid in plea negotiations.See question
how can a person be under the influence parked in front of a store 911caller never mentioned seeing the driver move the car
They can still arrest you, but they would have to circumstantially prove (as Mr. Watson correctly states) that you were driving AND under the influence prior to the officer confronting you. These cases can be challenging for a prosecutor. In circumstantial cases, prosecutors must EXCLUDE every reasonable hypothesis other than the guilt of the accused. In other words, not only will the prosecutor have to prove that you were guilty, but they would have to DISprove any other reasonable theory that your lawyer proposes such as that some other driver brought the car to the store and left or that you (the person arrested) consumed the intoxicants after driving ended. Unless there is more to the story, you have an excellent chance of avoiding a DUI conviction.See question
After the also hearing I received a letter extended my license until September 22. It says if I drive to hold on to the paper but do I need to do anything else? The Dmv website says my license is suspended but I haven't even gone to court and comp...
You are probably in a "pending suspension" status. As long at your suspension is pending, you are legal to drive. Pay to have your driver's history pulled off the GA DDS website, print it and email it to me. Rick@GoodByeDUI.com. I will be glad to advise you regarding your license status just to be certain.See question
spent 8 hrs in holding cell. I'm a student.
You might have a defense, but you will need a good lawyer. Give Jeff Rothman, Lee Webb, or Allie McCarthy a call. If you have a chance at avoiding a DUI, they will help you.See question
In addition to the arrest. I was not finger printed.
Public Drunkenness is not thought of as a very serious allegation since the public is rarely harmed by the average drunk in public. However, it is serious to be charged with a criminal offense when you are innocent. Given that it is not a serious allegation, prosecutors are generally very reasonable in working these cases out. Your options are to 1) try to convince the prosecutor to dismiss the case due to your innocence (you will probably need a lawyer for this). 2) You can try to plead to a reduced charge like pedestrian in the roadway, or disorderly conduct. Or, you you can 3) fight the charges at trial. You will probably want a lawyer to help you with the trial. It does not matter that they did not give you a breathalyzer. But, the officers will have to prove that you were drunk without the breathalyzer. The law defines public drunkenness as being in public and acting boisterous, being in an indecent condition, cussing, or being loud. If they can prove that beyond a reasonable doubt without a breathalyzer a judge or jury could convict you.See question
& if that person can obtain a drivers license can they obtain in the city their probation is or can they apply for a license in their hometown .. my friend is on probation in GA but is from MO but never had a license can he still get 1 from either...
It is likely that your person can obtain a license as long as he/she does not have any other problems with his/her driver's history (yes, a driver's history exists even if your friend never had a license). You have to obtain a license in the state where you reside. If there are problems with your friend's driver's history, it would be best to clear them up in BOTH states before obtaining a license in either. Contact DMV/DDS in GA in in MO and find out what it takes to clear the driving history, and you are on your way.See question
Blew .134, not read Miranda Rights, extremely compliant with officer. First offender.
I'm sorry to admit this, but I don't know what you mean by DUAC. If you are asking if you can be charged with multiple counts of DUI, the answer is yes, but you can only be SENTENCED for one DUI. In other words, you can be charged with being above the legal limit (DUI per se) and DUI Less Safe (drinking and driving to the point that you are a less-safe driver). However, if you plead guilty to both, they will merge together and reflect one conviction as they are two alternative ways to commit the same crime. You ask about your chance of "reduced sentencing," but I think you are probably asking whether you can get the charges reduced to something other than DUI, such as reckless driving. The chances of that are pretty low without showing the prosecutor that he/she will have problems with his/her case. Miranda warnings are typically not an issue in DUI cases as Miranda warnings only apply when police question you while you are in custody. Most DUI's involve non-custodial questioning.
If you are truly asking if you can receive a reduced sentence, you might be able to get a reduced sentence. However the law requires a minimum of 12 months of probation, 24 hours jail, 40 hours community service, $300 fine, DUI school, a substance evaluation and completion of any follow-up treatment as recommended.
If you are eligible for a court appointed lawyer, you might want to try to get one in the event that you have legal defenses to your case.See question
This happened to my brother a little while ago. The guy in the other car broke his leg, and my brother was charged with both DUI and Serious Injury by Vehicle. He was found Not Guilty of the former but Guilty of the latter, so he got 5 years serve...
First of all, that is a very strange situation that your brother finds himself in. It's called an inconsistent verdict. Before you can be convicted of Serious Injury, the prosecutor has to first prove Reckless Driving or DUI. Your brother was acquitted of DUI and Reckless Driving, but convicted of the Serious Injury. In Georgia, the appeals courts have allowed inconsistent verdicts to stand which I think is ripe for challenge. Other than that, I would not be able to give you educated advice, because I don't know enough about the case. Most lawyers (myself included) will talk with you for free about this type of thing. It would be worth it for you to at least talk with some lawyers. The first thing I would do (if you consulted with me) is talk to the lawyer that defended your brother to get an idea of what happened in trial. Feel free to call my office and schedule an appointment.See question
The warrants for that state Billings Montana how can I get my lic back their from Michigan but I want to transfer to Georgia.I can some but I need help on the rest.
Your question is chopped up on the screen and your complete question is not revealed. Generally, it is difficult to avoid paying a DUI fine. You may write the court and ask for your fine to be reduced. Or, you may ask that your fine be converted to community service hours. I am not sure how Montana works, but it is worth a try. Perhaps contact the prosecutor in that jurisdiction and see if they will consent to your request. Otherwise, you might just have to pay the fine.See question