Tag Archives: ATV

Q: Can a cop give me a DUI on my own residential property?

Q: Cop pulls up on my land while I was sitting on my ATV, not running, on my residential property. He said he had noise complaint, and took me to jail towed my ATV (busted a wheel lock) and charged me with driving under the influence. He didn’t give me a breathalyzer till 1.5hours later.

A: Being on your own property and not on a public road may be a defense. The vehicle not running may be a defense. He has two hours to have your blood tested to meet a prima facie case. You should hire a lawyer to gather more facts and prepare to plead not guilty at your Preliminary Hearing if he or she thinks you have enough of a defense to challenge the evidence.