Legal Question in DUI Law in Pennsylvania

DUI for moving my car to a different parking spot

I was in a Sheetz gas station waiting for my food. Some officers came in to deal with some kids that were causing trouble but had left. One officer looked at me and asked me for id. i said it was in my car and then went and got it for him. He asked me if i was drinking i said way earlier. He then asked me if i was driving and i said no and walked back inside. After i got my food i decided to move my car to a side parking spot so I wasnt leaving my car in one of the few main parking spots. When i did this the officer had pulled out of hiding and parked behind me and gave me a sobriety test on an icy and snowy surface at 3 am and its about 20 degrees. I thought i had done all this fine but then he calls the nearby college campus to get a breathalizer from them. I blew over and the they took me for blood test and i was at .089 so here i am with a dui. Did this officer have probable cause? What should i do? Can I get the thrown out? Any help or advice would be great!


Asked on 2/06/08, 4:08 pm

3 Answers from Attorneys
Daniel Cevallos Cevallos & Wong, LLP

Re: DUI for moving my car to a different parking spot

This could be attacked on several fronts. Feel free to call our offices or e-mail me directly.

-Danny Cevallos

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Answered on 2/06/08, 4:17 pm
John Steele Steele Law Firm

Re: DUI for moving my car to a different parking spot

I think you should consider not getting in a car in front of the police after you have been drinking. That being said, you were operating a motor vehicle when they "stopped" you from operating it, therefore you can be charged with DUI if you are over the limit.

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Answered on 2/06/08, 4:32 pm
John Gibson John W. Gibson, Esquire

Re: DUI for moving my car to a different parking spot

Probable cause may be an issue. The officer asking for ID bothers me a bit unless there's something I'm missing here. Also calling for a breathalyzer after a field sobriety test raises some questions as does the fact that they did not have their own breathalyzer.

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Answered on 2/09/08, 11:17 am


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