Illegal Arrest?
I was involved in a fender bender and had left the scene. Two hours later a sherriff knocked on my door. My fiance answered and went to retrieve me. As I approached the officer he placed a hand on my arm and told me I was going with him. He then proceeded to handcuff me and place me into the back of his car. I was taken back to the scene and then to the police station. I have witnesses (a bartender and owner) that I had two beers prior to incident and witnessses that I had no alcohol prior to visiting the establishment. I was drinking between the time of the incident and the time that the sherriff arrived. I was given a breath test and charged with DWI. Is this considered a lawfull arrest? And is the breath test admissable? Further does the Town court have jurisdiction to dismiss the charge due to mitigating circumstances?
2 Answers from Attorneys
Re: Illegal Arrest?
It is NOT likely that you are going to be able to sort this out without the aid of an attorney; it is complex and NOT a set of circumstances such that a local court is going to act favorably to you in response to your mere efforts to explain it away.
Regards, etc.,
J.M. Hayes
Re: Illegal Arrest?
The police department will definitely have some explaining to do regarding probable cause to arrest you in your home. It is a difficult case for the DA's Office. They must establish "operation" i.e. that you were driving the car. Did you make any admissions? Sign a confession? There are a lot of facts that are favorable to you, but you must be careful in how you present your defense.
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