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Can I be arrested for dui,without an officer seeing me in a vehicle?
Anonymous2 views3 answers
earlier in the evening on nt of arrest i was in a moped accident. gravel drive ....road rash , Emergency personel came out and evaluated my injuries and left.
Later i was at the store down the road and a man in the line behind me noticed that a scabb had opened and mentioned i didnt look so hot w the blood. identified himself as emt.
cashier was changing the drawer and so we had a few moments to wait. he asked if i needed help. I declined and told him the scooter accident was hours earlier. upon leaving the police were in parking lot. the asked if i wanted to go to hospital . inquired about my injuries,and my status . Asked me if drinking and field sob tests. and eventually had me test blood at station. detained for over 2 hours,then arrested no proof drove ,or intended to drive.
Gregory David SpinkLitigation LawyerCharlotte, NC ·
Yes the police can arrest, the real question is whether that arrest was supported by probable cause. If it was not, then this can be grounds for the case to be dismissed by the court. One of the biggest issues in your case are your statements that you had been driving. However, the DA will need supporting evidence to corroborate this statement.
I would suggest hiring an attorney, many DAs offices have strict policies where they will NOT drop a DWI. They are mandated to send every DWI to trial if the defendant does not plead guilty. In addition, if you have any prior offenses you certainly could be looking at jail time if you are convicted at trial. I would refer you to a former colleague of mine, James Minick, he is located in Ashville and is a fine attorney, who will fight for you.
F. "Bill" William PowersDUI / DWI AttorneyCharlotte, NC ·
Arrested. . .possibly, yes. Convicted? Not certain.
You would benefit GREATLY in speaking with an experienced North Carolina DWI Attorney. As you're likely realizing, DWI cases are extremely complicated.
Please feel free to check out the links below and review our previously published Legal Guides on .com regarding Probable Cause for Arrest.
bill powers
charlotte brevard & concord nc
