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A caller to 911 is it enough for police to come looking for you for DUI?I was stopped at a gas station when they arrived.I
Anonymous1 views4 answers
Is it enough for poloice to make a stop for assuming you are or were drunk when someone called 911?Police never saw me drive .While at the gas station I very easily could have drank in the ladies room ...I did sit in the drivers seat of my car after paying for gas. they made me do the field sobriety test and I failed that and breathalizer.Right away I was arrested .Do I have some sort of defence?
The big question when dealing with a 911 call is whether or not the caller is known. If they identified the caller, then the caller will be able to testify to your driving at the time of trial. However, if it is an anonymous caller, then generally the police must observe something which would corroborate the caller's story. Obviously if you were parked in the parking lot, the police would not have had the opportunity to observe any corroborating facts and this could be a very viable defense.
I would suggest you contact local DUI defense attorney Andrew Mishlove regarding your case. He is the best DUI defense attorney in Wisconsin.
Karyn T. MissimerDUI / DWI AttorneyJanesville, WI ·
I agree with the first answer. Another question is whether the caller gave the police enough information to investigate you in the first place (i.e., make and model of car, the specific driving behavior, etc.).
I am a member of the National College for DUI Defense, and I practice in New Berlin/Waukesha County. Feel free to contact me for more specific advice. You may have other defenses you have not even considered.
Good luck!
Whether a police officer may stop you based on a phone call will depend on factors that go to the reliability of the caller. Anonymous callers are considered questionable because they are not willing to have their credibility tested later. The caller must also give identifying information that is specific. I recommend you contact a local attorney immediately. I practice in Waukesha county regularly and would be happy to discuss your case further with you to explore what other defenses you might have. Good Luck.
This is not legal advice. No attorney client relationship is intended.
It will be important to listen to the 911 tape and review the dispatch log to see what information was given to the dispatcher and what information was relayed to the officers. These are factors in determining reliability of the information.
