What constitutes grounds for an arrest?

UPDATED: Sep 17, 2011

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What constitutes grounds for an arrest?

I was pulled over for speeding. The officer suspected I had been drinking and gave me a sobriety test, which I passed. He then arrested me and searched my car. The car was impounded and I was brought to the police station where I was breathalyzed and blew a .13. I recieved 5 tickets – Aggravated DWI (child in vehicle), Driving While Intoxicated, Driving with 1% or more of ALC, Speed in Zone, and Uninspected Motor Vehicle.

Asked on September 17, 2011 under Criminal Law, New York


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You need to seek help from an attorney in your area.  Generally speaking, the police need reasonable grounds to arrest aperson that they had probable cause to stop.  You were speeding.  That was enough to stop you.  If the officer then observed that  you were drunk - their observations can go a long way - they can then take it from there. The police are given leeway to assess the situation that is before them and to make a judgement call.  Even though you passed the field sobriety test I guess that they were in fact correct: you were legally over the limit for consumption of alcohol. This is very serious. Get help.

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