Criminal Defense in Orange County

Identified Informants & DUI Arrests

The use of informants in drunk driving arrests is by no means a settled legal issue. If you have been arrested due to information from a tipster, you should tell your Orange County DUI defense attorney, as it might affect your case. This is especially true with informants who identify themselves, since they are generally given more credibility than those who report anonymously. The reason is that informants who identify themselves are more likely to give accurate information to the police and not trying to stage something. There are several cases that bear this out.

In a Florida case, a tip was considered highly reliable because the informant had provided identifying information to the police. The informant, a fast food manager, had called to report a suspected drunk driver with a vehicle description and license plate. She had given her name, address, and location to the dispatcher. When the officer arrived on scene, the informant proceeded to tell him in person which vehicle the defendant was driving. Because this tip contained identifying information, it was considered reliable.

In a Missouri case, an informant approached a police officer and personally gave a description of a purple Jeep that was seen driving erratically. The court found the detention and arrest based on this tip lawful. In a Kansas case, an informant who provided her name and address, as well as a description of a suspected drunk driver, was deemed credible by the court, because a citizen who provides personal information such as that is presumed credible. If you have questions about how an informant might affect your case, contact The Law Office of Barney B. Gibbs today for a free consultation.

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