Can a cop give you a DWI in missouri if he did not see you driving?
Thursday, December 31st, 2009 at
3:04 pm
Can someone claim they saw you driving and then tell the cops then the cops give you a dwi even when they state in their police report they did not observe you driving or in or near your vehicle?
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Filed under: Car Accidents And Injuries
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Yes, that is possible.
There is no legal requirement for the officer to observe the violation. He only needs to prove you were driving. A witness can do that for him.
It is not much different than a traffic accident. The officer does not observe the violation, and did not see you driving, but it is common to issue tickets at accidents based on witness statements and evidence.
nope take it to court man
Yes, if they had a witness who saw you driving drunk, and that witness signs an affidavit.
Driving
While
intoxicated
thats DWI Kenny. You are probably used to hearing DUI.
No. If you have a court date, you should win.
Yes, that would be evidence enough, along with a breathalyzer result.
It’s the same as if someone witnessed a robbery and identified a suspect. He could still be arrested without a policeman witnessing it.
No way, take it to court, do not plead guilty. If they have witnesses, then you’re screwed.
Yes they can if they can prove you drove the vehicle recently. Say if you are walking along the road drunk but your car is between you and the point where you were drinking, you would have had to have driven it that far. The car would not have moved on its own free will. If this is the type of case, an officer can cite you for driving under the influence. So even if you are at home, your car engine is warm, and no one else could have driven the car, you are guilty of driving it.
This is a very common question and one that is very fact specific. I would need to know more about the facts of your case to determine whether it is possible, in Missouri, for the police to proceed.
In general, there must be some credible evidence that places you behind the wheel of your vehicle while impaired in order for you to be charged with a DWI and for the prosecution to succeed.
With that in mind, any police officer anywhere in the country can issue you a citation for DWI or arrest you. It is up to the justice system to sort it out. Police officers often times make bad or inappropriate arrests, which get dismissed once the case makes its way into the court system.