Legal Question in DUI Law in New Jersey
dui or not
here are the facts
a driver realizes he has had too much to drink and
pulls over to the shoulder of the highway. he turns
off his car completely and takes the keys out of the
ignition placing them on the backseat floor. the
driver reclines the the drivers seat and falls asleep.
the driver is awakened by the police and given a field
sobriety test resulting in his arrest. the driver
blows .01 or .10 (not sure here)
is this arrest legal? the police did not observe the
driver driving at any time.
i look forward to your response
2 Answers from Attorneys
dui or not
In answer to your question, the arrest is legal. HOWEVER being arrested and being convicted are two different things. With good representation it may be possible to get found not guilty. This will depend on a number of factors, including what was said to the police officer at the time of the arrest.
Re: dui or not
The arrest was probably legal, yet a careful review of the facts of your case by an attorney may yield some way to resolve this matter short of being found guilty/pleading guilty to DUI.
As far as facts you entered, the basic analysis might go something like this:
First, the police can stop to check on a driver sitting in a car on the side of a road to see if that person is ok. Once they found the person drunk, unless the person parked and started drinking, there is probably enough evidence to conclude that the person behind the wheel is the one who drove there.
If you are in South Jersey and would like to consider hiring an attorney to assist you in this matter, please contact me for a free consultation.
Daniel B. Kelley
(856)616-8080
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