No Probable Cause
I recently received a DUI and need to know what my rights are. My daughter had been driving and got out of the car to walk to the house to feed the horses. It was cold so I moved to the driver's seat and started the car (stupid, but it is a standard). We were parked on the street. The officer approached the vehicle and asked for my license and registration. He soon returned and ordered me out of the car to perform the roadside tests (7 tests) finally I failed one and he handcuffed me and took me to jail. He never read me my rights. My daughter had returned and explained that I had not been driving, and was waiting for her. What right did he have to approach my car in the first place?
1 Answer from Attorneys
Re: No Probable Cause
He can approach the car for any reason at all. He has to have a reason to stop or detain you. You have a defense that you were not in actual physical control.
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