Philadelphia, PA asked in DUI / DWI and Traffic Tickets for Pennsylvania

Q: Why didn’t the officer charge this person with a DUI?

I witnessed an intoxicated person driving last night who ended up causing property damage. Officer found this person at their residence and only issued a citation. Why didn’t the officer arrest this person? I was an eye witness to the whole incident and there was property damage. Those two things should be enough to put this person behind bars. But now he’s gonna plead guilty to the citation, pay the fines, and get away with this. There has got to be something that can be done.

Related Topics:
1 Lawyer Answer
T. Augustus Claus
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Criminal Law Lawyer
  • Las Vegas, NV

A: It's possible that the officer did not have sufficient evidence to establish intoxication at the time of the encounter, or they may have chosen to issue a citation instead of making an arrest based on their discretion and department policies. Keep in mind that law enforcement decisions can vary depending on the circumstances, available evidence, and local laws.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.