Is it legal for the police to arrest without a warrant in this situation?

I'm surprised the judge didn't throw it out immediately. If your mother had been drinking the most they could have gotten her for would have been public intoxication. Driving while intoxicated, as you explained, there is no evidence she was driving, is way over charging her. I'm not so sure that the judge is giving your mother a chance to defend herself by writing a memorandum as much as giving the prosecutor a chance to explain himself for pursuing the charge.

There is no case for the Police Officer. I am surprised the prosecutor would even consider taking this case to court. Having bloodshot eyes is only one of many factors in determining whether someone has been drinking. I don't know what this judge is all about either. He should have dismissed this case at the beginning. I would consider talking to a civil attorney about this arrest. It should have never happened.

She messed up when she refused the breathalyzer. Refusal to blow is an automatic charge. Although I think it's ridiculous for them to even have asked her to take one, she should have just done it if she wasn't intoxicated. You don't necessarily have to be driving to get a DUI/DWI. For example if she was drunk, drove to the police station and went inside when this happened, she can still be arrested even though no one actually saw her driving there. If she had the keys to the car it's obvious she drove it there. You can also be arrested for DUI for sitting in a non moving/running vehicle if you are intoxicated. It is all probable cause, which is a legal reason for arrest, they don't need to get a warrant.

The police want in basic terms "in all threat reason" to make a warrantless arrest. it fairly is not mandatory to truly "see" somebody driving to arrest for under the impression of alcohol driving. There in basic terms desires to be "in all threat reason" that somebody grew to become into driving, and that the somebody grew to become into under the impression of alcohol. there are a number of the thank you to make certain "in all threat reason" with out fairly eyewitness testimony. working example, in the journey that your mom lives 10 miles removed from the station, and mom is 60 years previous, and there are actually not any bus routes to the station, and mom entered the station by using herself, then mom "in all threat" drove to the station. She incredibly did not walk. That "in all threat" is all it is mandatory to make an arrest. Now, as quickly as in court docket, the government could coach "previous a existence like doubt" that mom grew to become into incredibly driving. there's a extensive distinction between "in all threat reason" and "previous a existence like doubt." yet, the cop on the station grew to become into for sure an fool. He could have purely asked, "How did you get right here?" fool police artwork, yet a fortunate smash on your mom.