Hi guys, thanks in advance for any help. It's my first time on these forums.
So my friend J was driving home in the morning after a night of drinking. He pulled into his garage and started rolling his garage door down when a policeman crawled under the gap and told him he would be given a breath test.
J wasn't sure of his rights so said he wouldn't, and the policeman said he would have to arrest him. He handcuffed J and pulled him out of the car onto his knees - it's a high 4WD and he has scraped on his knees and nerve damage and bruising of the bone in his wrists. Some of this is on video from over the road. He was taken to the station and breathalysed, being over just slightly and getting 2 months of suspended drivers licence without ever going to court.
I would like to know if he had legal grounds to enter under Traffic Law J's property like that and if at any point the policeman acted illegally. The police admitted he had no reason to follow J, just that he was the only car on the road, but this isn't on tape.
So my friend J was driving home in the morning after a night of drinking. He pulled into his garage and started rolling his garage door down when a policeman crawled under the gap and told him he would be given a breath test.
J wasn't sure of his rights so said he wouldn't, and the policeman said he would have to arrest him. He handcuffed J and pulled him out of the car onto his knees - it's a high 4WD and he has scraped on his knees and nerve damage and bruising of the bone in his wrists. Some of this is on video from over the road. He was taken to the station and breathalysed, being over just slightly and getting 2 months of suspended drivers licence without ever going to court.
I would like to know if he had legal grounds to enter under Traffic Law J's property like that and if at any point the policeman acted illegally. The police admitted he had no reason to follow J, just that he was the only car on the road, but this isn't on tape.