After a dinner party my friend and i attempted to drive home but my car broke down on the side of the free way as neither of us had our phones we were unable to contact my insurance company for a tow of the vehical, so my friend who was the driver asked that I stay in the car while he runs off the freeway to the nearest gas station or atleast to a person who could possibly give us some help and will return shortly. As I waited for him to return with some help and officer pulls up behind me and approaches my window and says "Someone drove by you and said your car looked broken down and you looked as if you were in need of some help" I replied " YES my car is broken down and im scared and need to get home" The officer asks me out of the car and begins giving me DUI tests the officer had me blow into the breathalizer i blew 0.04 and then he said "Lets do it again for about 3to4 more times and so i did and then he cuffs me and takes me to jail on a DUI. My problem is that I was never pulled over by this officer for recklous driving or at all and also I wasn't driving at all period and how do I get a dui in vehical that is broken down. Also the officer (Stored) my vehical not impound.
You need a criminal defense attorney ASAP. Your attorney will answer your questions for you.
This communication is general in nature and not to be construed as legal advice or creating an attorney-client relationship. All situations are different and you should meet with and discuss your particular situation with an attorney.
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I'm sorry to hear that happened. I would suggest contacting a criminal defense attorney who specializes in civil rights and DUIs. You may have to speak with a few criminal defense attorneys in order to find the right one for your situation. They may also referral you to speak with a civil rights attorney. Definitely do all you can to fight these charges as this does not sound appropriate at all. I hope this helps. Best of luck to you.
You need to speak with a criminal defense attorney immediately. If the officer should have given you a pink piece of paper labeled in bottom corner" ds-367", that is you temporary driver's license. You have 10 days from the day of the arrest to request a hearing from the DMV or your license will be suspended. There is case law that says being the only person at a car on the side of the freeway is circumstantial evidence of driving.
As Mr. Deremigio mentioned, there is a legal basis for the officer(s) to conduct a DUI investigation regardless of whether you were observed driving. It happens all the time. For example, a lot of cases stem from drunk drivers who've pulled over to sleep it off on the side of the road. In those cases, it's perfectly legal for an officer to contact the driver to check on his or her welfare. Once the officer witnesses circumstantial evidence that the person may have been driving under the influence (e.g., the engine hood is warm, the car and/or person sleeping smell heavily of booze, keys are in the ignition, there's no one else there, etc.), at that point the officer has a valid reason to conduct a DUI investigation.
That being said, having the legal authority to conduct a DUI investigation and, for that matter, arrest someone for DUI is much lesser burden for a DA to establish than actually proving his or his case at trial. Here, under the facts you've provided, you have a very good defense--namely, that you were NOT the driver. To prove you were driving under the influence that night, the DA will have to prove, beyond reasonable doubt, that you were the driver, which sounds like it will be challenging here since there are no witnesses to you driving. It doesn't matter whether you a .04 or a .40; with no witnesses to driving and assuming you didn't admit to driving, you have a good case. As a brief aside, the fact that you were .04 does not invalidate a DUI arrest. If there's evidence that you may have been above .08 at the time of driving, or potentially had drugs in your system, an officer can arrest you for DUI.
With respect to whether you need a DUI attorney who also specializes in civil rights cases, I respectfully disagree. Here, even if the officer improperly required you to submit to the breathalyzer or in a manner that violated procedure, I don't believe that rose to a level to establish a cause of action for a civil rights violation in a separate civil case. Of course, if the officer made some mistakes, which it sounds like he may have, that would further aid you in your defense (of your criminal DUI case).
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