Legal Question in DUI Law in California
Seeking for the meaning of the term'' Arrested''
while in san francisco california in 1987 I received a citation for a dui. I was detained at a police sub-station, and then released into the custody of my captain(Navy). I went to court, and was fined and placed on court probation. I did enter a plea of guilty. I was not fingerprinted, or photographed.
I was recently fired from the sheriff's dept.(jail) in florida after three years of service, the reason was for omitting that I was ''Arrested'' for the dui in Ca. in 1987 on my original application.
pre-employment screening included fingerprints, ncic,fcic,afis, there was no prior ''Arrest'' data or records on me in the system used by all law enforcement agencies; including the FBI. San Francisco PD sent a records report stating no criminal records were found on me.
Does a citation in Ca. in 1987 for Dui eaquals an ''Arrest''?,even though the booking process did not occur(fingerprints,photoghraph, arrest report)
Since the incident happened in Ca. Does Florida law concerning citations, and dui apply?
What is an ''Arrest'', and when does it apply to citaions?
When a cition is issued and signed, is that an ''Arrest''?
Thank you, please edit summary questions so that you will be able to answer.
1 Answer from Attorneys
Re: Seeking for the meaning of the term'' Arrested''
You are detained when you are stopped and questioned. Your movements are limited by the officer(s) doing the questioning. You are arrested when you are taken into custody. Your legal issue is, "If they never take you into custody, and you are cited and released on the spot is that an arrest?" It is not. You are taken to the police station. And when it's determined that you are sober enough to release, or you are released to someone else to drive home. Is this an arrest? Yes it is. Do you have to be booked and released to be arrested. No, it isn't necessary. However, there may be enough confusion about detaining (actually arresting you), and holding you to provide a basis for an administrative challenge to your dismissal, and then possibly a court challenge. It's never too late to hire a California attorney to resolve the problem on the DUI, if you haven't already done so.
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