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GabSta · Mar 25, 2011, 04:54 PM

I live in Oklahoma and my boyfriend was falsely arrested for Hit and Run DUI one and two but he is under probation.

It's 1 in the morning and my boyfriend and his friends brother went to the quick stop to buy cigarettes and on the way back his friends house he accidentally scraped up against something (He claims it was a gas pipe but the brother says it was a pole) and there was no damage done so he continued to said friends house. When he got there he started drinking.(HE NEVER DRANK BEFORE HE DROVE OR DURING ONLY AFTER HE GOT TO HIS FRIENDS HOUSE) After an hour the cops came by to talk to him for his hit and run, took pictures of his truck, made him do a breathalyzer test(which he was over the level) and arrested him for DUI and took him away.

I've done my research on Oklahoma laws and I know that they cannot arrest him for a hit and run, they have to issue a ticket. They can't arrest him for drinking because he was in a house and he is of age to drink in a house (21 years old). And he did violate his probation but they can't arrest him. They have to issue him a hearing to prove he did violate his probation and to see the severity of the violation and issue his punishment. So this is his first offense to his Probation (It's also his first probation) and I know the judge and attorney has to consider all the facts. That it's his first time, he's gone 6 months into his year probation, and he is flippy from staying off drugs (It's a proven fact that all hard core drugs effect you for about 6 months or more (when you stop these effects happen) considering how much you did and it makes you do dumb decisions) that also proves that he stayed off his drugs, and for the punishment they can issue more jail time, extend his probation, we can BEG for 6 months of house arrest for the rest of his probation, and they can put him on his original sentence of 5 years ONLY if the violation was severe in which it wasn't.
Also my boyfriends truck already has dents and damage all over it which we have all the damages recorded on file.

I can basically prove that he shouldn't have a DUI because they never pulled him over and issued a test.
Also I can prove the hit and run wasn't that bad when there's NO damage on either his truck or the object(s).

This is what we figured happened.

They can to give him his ticket, smelt the alcohol on him and just assumed it was DUI and arrested him.
For all of this trouble, as in falsely arresting him and everything, shouldn't they HAVE to give my boyfriend a break for trying to get him in trouble?

SO What do you think I should do so make sure my boyfriend can get what's best for him?

Fr_Chuck · Mar 25, 2011, 07:04 PM

Not sure in your info, since I have never been to OK, but a officer can on many traffic tickets issue a ticket but if they feel there are reasons the person will not appear, ( a ticket is a summons to appear in court and is in fact a form of arrest but that is another issue)
But we could always arrest here in GA and TN for hit and run and almost always did.

Next most likely being drunk is a violation of his probation, as would a hit and run be a possible violation.

So his PO has the right to decide if he is going to be held pending a court hearing, it is at the hearing the judge will deicde if it was a violation or not.

Next you will need to prove he was not drinking and the testomony of other people drunk at the scene of the arrest will not have much standing.

Next the amount of damage, since if it is a lot of damage to what he hit, and to his car, just the fact he should have stopped to see if there was damage and did not, is hit and run . And a sign he may have been drunk ( that is what the DA will be saying.

He needs you to stop trying to prove case law, he has been arrested, to late to try and prove they can't do it, but time to hire an attorney to see what can be done now that he is arrested

martinizing2 · Mar 26, 2011, 02:03 AM

Almost all probation will say that you don't drink,
Don't violate any laws,
Don't use or be around drugs,
Or people who do,
And if you have any contact with the police
You must report it.

Being on probation you are subject to the guidelines
Of the probation order.

I assume that when the police ran his id and discovered he was on probation they may be bound by the court to bring him in.
Or they were the typical a-hole power abusing cops who took him in because they could .

Because he is on probation he is not under the same set of rules that you read in the state code book.
To get probation requires relinquishing a big hunk of your rights and empowers his PO to do with him as he pleases.

I suggest you not try to argue his case.
Since you are well informed and intelligent , all you will do is make them mad.
You'd be more helpful to dress in a revealing manner and keep them distracted.

ScottGem · Mar 26, 2011, 06:33 AM

While the arrest may have been unfair, your arguments don't bear on the arrest, but on prosecution.

I agree with you that he can't be prosecuted for a DUI based on the information. The police would have to prove he was under the influence at the time of the incident and they can't. But, given his history, he made some bad choices here. He hit something. Someone saw it and reported it. With his history, he should have called his PO.

excon · Mar 26, 2011, 07:19 AM

Originally Posted by GabSta

SO What do ya'll think I should do so make sure my boyfriend can get what's best for him?

Hello G:

The legal system is built with a very narrow pipe in the middle, and a HUGE pipe on the ends... The problem you have is getting your information THROUGH the narrow pipe. In order to do that, you're going to need a lawyer, because they know the secret code. Oh, you can MANAGE the lawyer, and you absolutely should, but without him, your great information will remain in the HUGE pipe where it won't do a damn bit of good.

excon

GabSta · Mar 28, 2011, 01:36 PM

Well today I went to go check out what he did hit and he hit an old gas pipe pretty close to the road that's not used anymore. But if there's no damage done to his truck does that mean they have no proof? Can we still get that off his record?

And also he's 10 months into his probation and this is his first probation and his first offense. So they won't just automatically put him on his original sentence right? He was only 2 more months away from finishing his probation.

Also, you are saying that basically his PO can get him out anytime? Even though we don't have his info or files or anything?

We're trying to get a lawyer and I was wondering if the lawyer and or PO could get him out or released before or after court or anytime at all?

ScottGem · Mar 28, 2011, 03:12 PM

First, there was probably a witness to the accident. That's probably how they found him. The witness probably gave them a license tag #. So the lack of damage to the car will mean nothing.

It depends on the mood of the courts and prosecutors what they do. If his PO will support him, it should go easier. If not, who knows...