Legal Question in DUI Law in New York

My fiance was arrested yesterday in his driveway for driving a vehicle without an interlock device. He's had the device in his own vehicle for 6 months. He has 6 months left before it can be removed. He is not on probation and his conditional license has been restored to a regular license. His own vehicle had broken down the day before, so he drove his father's truck to work yesterday. He drove home, parked in the driveway, keys were out of the ignition and he was removing tools from his father's truck back to his own, when a police officer pulled up and told him that he was giving him a ticket for rolling through a stop sign...6 blocks back! Obviously, they ran his license, saw the DWI, put him in handcuffs, but no miranda rights were read. They took him to the police station, where they gave him the other summons for driving without interlock device...and then drove him back home. We live in New York State. Can they do this? In his own driveway, no keys in ignition and him not even in the vehicle?


Asked on 6/13/11, 12:13 pm

1 Answer from Attorneys
Robert Evans Robert S. Evans esq.

I will be happy to discuss this with your fiancee. There may be defenses .I'm not sure without more infurmation.You may call my office @ 7188340087 for a phone consultation.

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Answered on 6/13/11, 2:18 pm


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