Legal Question in DUI Law in California

Citizen's Arrest for DUI - child endangerment

After going to lunch and having some drinks a friend and my husband went to pick up the children from school at 3:15. After leaving the school a neighbor said he was cut off by my friend and followed him home. He then went home and called the police and stated that my friend was drunk driving. The police arrived at 4:30 and arrested my friend for DUI at 6:00 p.m. He is now being charged with DUI. He is firefighter and father of 3. My husband who is a police officer is being charged with child endangerment for our children being in the car. Is this a legal arrest? We have teacher affadavits saying the my friend was not drunk at the time he picked up the kids.


Asked on 3/15/05, 12:41 pm

3 Answers from Attorneys
Philip Iadevaia Law Offices of Philip A. Iadevaia

Re: Citizen's Arrest for DUI - child endangerment

What county did this take place in? Sounds like a case the could be tried successfully. I need to know more about the alleged drinking and whether a field test was conducted. I also need to know if your husband was charged with child endangerment and if he was arrested and booked. Please let me know. If you need to call me, I'm at (310) 806-9237

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Answered on 3/15/05, 2:21 pm
Terry A. Nelson Nelson & Lawless

Re: Citizen's Arrest for DUI - child endangerment

Arrested is arrested. Your arguments will be aired at trial unless the DA can be convinced to dismiss the case, which is unlikely. Having witnesses will help at the trial that will be necessary. Contact me if intersested in defending these criminal charges.

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Answered on 3/15/05, 3:13 pm
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: Citizen's Arrest for DUI - child endangerment

Sounds like it is defensable. Call me directly at (619) 222-3504.

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Answered on 3/15/05, 3:30 pm


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